Patna High Court
Manoj Choudhary @ Manoj Kumar Choudhary @ Manoj PashiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Manoj Choudhary, a driver, was arrested on 21-11-2025 for alleged possession of 224.67 litres of foreign liquor seized from a Mahindra Bolero van, charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was not in his conscious possession and that he was implicated merely because he drove the vehicle, also raising non‑compliance with Section 100 of the Cr.P.C. and Section 103 of the BNSS. The State opposed bail, citing a prior criminal antecedent of a similar nature, though noting the petitioner was already on bail in that matter. The Court examined the facts, the lack of direct possession, and the bail provisions, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, attendance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 in view of the alleged lack of conscious possession.
- Whether the provisions of Section 100 of the Criminal Procedure Code and Section 103 of the BNSS have been complied with to justify denial of bail.
- Whether the petitioner’s prior criminal antecedent warrants refusal of bail.
Legislation cited
- BNSS — s. 103
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- excise offence
- foreign liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- conscious possession
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16064 of 2026
Arising Out of PS. Case No.-746 Year-2025 Thana- Excise P.S. District- Bhagalpur
======================================================
Manoj Choudhary @ Manoj Kumar Choudhary @ Manoj Pashi S/o Late
Dukhan Choudhary R/o Mohalla - Harmo Bidhanagar, Vidya Nagar, Daronda,
Road No. - 3, P.S - Sukhdeo Nagar, District - Ranchi, State - Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Mr. Khurshid Anwar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.11.2025 in connection with Excise(Sadar) P.S. Case No. 746
of 2025, F.I.R. dated 21.11.2025 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 224.67 liters of country made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.16064 of 2026(2) dt.11-03-2026
2/3
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from Mahindra bolero pick-up van and the petitioner
has been made accused merely on the basis that he is the driver
of the vehicle in question. He further submits that there is non-
compliance of Section 100 of Cr.P.C/103 of BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
21.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-I, Bhagalpur in connection with
Excise(Sadar) P.S. Case No. 746 of 2025, subject to the
following conditions:-
Patna High Court CR. MISC. No.16064 of 2026(2) dt.11-03-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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