Patna High Court
Manish Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
Manish Yadav and Mukesh Kumar Yadav petitioned the Patna High Court for bail in a case (Ballia PS Case No. 360 of 2024) under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, where 60 litres of country‑made liquor was recovered from a lichi orchard. The prosecution alleged the liquor was illicit, while the petitioners claimed they were falsely implicated, had no possession of the liquor, and were not originally named in the FIR. They highlighted that the recovery was from an open area, they have only one prior criminal antecedent, have been in custody since 16‑12‑2025, and that the State had not complied with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of incriminating material, procedural lapses, and the period of custody, the Court granted bail, directing the petitioners to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act in the present circumstances.
- Whether non‑compliance with Section 103 of the BNSS, 2023 warrants bail.
- Whether the petitioners' prior criminal antecedent and period of custody justify denial of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition and excise
- illegal liquor
- Section 30
- Section 32
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1616 of 2026
Arising Out of PS. Case No.-360 Year-2024 Thana- BALIYA District- Begusarai
======================================================
1. Manish Yadav @ Manish Kumar S/o Saudagar Yadav R/o Village-
Lakhminiya Dom Toli, PS- Ballia, District- Begusarai
2. Mukesh Kumar Yadav @ Mukesh Kumar @ Mukesh Yadav S/o Tuna Yadav
R/o vill - Lakhminiya, Dom Toli, P.S.- Ballia (Baliya), Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Ballia PS
Case No. 360 of 2024 instituted for the offences under Sections
30(a), 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 60 liters of
country made liquor was recovered from the lichi orchard.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
Patna High Court CR. MISC. No.1616 of 2026(2) dt.19-01-2026
2/2
counsel for the petitioners submit that the recovery has been
made from an open place which is accessible to one and all and
the name of these petitioners have transpired in this case during
the course of investigation and they were not initially named in
the FIR. The petitioners are in custody since 16.12.2025 and
have 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners 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 Ballia PS Case No.
360 of 2024.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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