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Patna High Court

Manoj Choudhary @ Manoj Kumar Choudhary @ Manoj PashiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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