Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Manoj Kumar was arrested at Fakuli police station after 846 litres of foreign liquor were seized from a truck, and he was charged under Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act and Section 3(5) of the B.N.S. The petitioner contended that he was merely a passer‑by, not the owner or driver, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the B.N.S. 2023 and his single prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the custody period, the petitioner’s claim of innocence, and the procedural lapse, decided to grant bail. Bail was conditioned on a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused in a case involving large‑scale illegal liquor possession under the Bihar Prohibition and Excise Act and B.N.S.
- Whether the lack of incriminating material in the accused’s possession and non‑compliance with Section 103 of the B.N.S. 2023 justify bail despite a prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 41(1)
- B.N.S. — s. 3(5)
- B.N.S., 2023 — s. 103
Subjects
- bail
- foreign liquor
- Bihar Prohibition and Excise Act
- B.N.S.
- Section 103
- criminal antecedent
- court conditions
- custody period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1529 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- Fakuli District- Muzaffarpur
======================================================
Manoj Kumar S/o Late Lagan Ray R/o vill - Kataru Fatehpur, P.s.- Belsar,
Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Adv.
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Fakuli PS
Case No. 90 of 2025 instituted for the offences under Sections
30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act and
Section 3(5) of the B.N.S.
3. The prosecution case, in short, is that 846 liters of foreign
liquor was recovered from truck and the petitioner was arrested on
the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the petitioner is neither the owner
Patna High Court CR. MISC. No.1529 of 2026(2) dt.19-01-2026
2/2
nor the driver of the vehicle in question and he was passerby of the
way and has been implicated in this case by the police with
ulterior motive. The petitioner is in custody since 07.12.2025 and
has got one criminal antecedent. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with //, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date fixed
at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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