Patna High Court
Manish kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Manish Kumar was arrested in connection with a case where 135 litres of Nepali liquor was recovered from a motorcycle. He contended that he was falsely implicated, had no possession of the liquor and was not linked to the vehicle. The prosecution opposed bail, highlighting his prior criminal antecedent and his custody since 19‑01‑2026. The court observed the absence of any incriminating article in his possession and noted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, while also considering the length of his custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount. The petition was disposed with bail granted.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite his antecedent and period of custody
- Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- criminal antecedent
- surety
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14375 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Manish kumar S/O Ashok Kumar @ Ashok Prasad R/O- Vill.- Sursand Ward
No 1, P.S.- Sursand, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sursand
P.S. Case No. 40 of 2026 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 135 litres
of Nepali liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.14375 of 2026(2) dt.27-02-2026
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in custody since 19.01.2026 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sursand P.S. Case
No. 40 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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