Patna High Court

Manish KumarversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Manish Kumar, was arrested in connection with the recovery of 1,230 litres of liquor from a tractor in Rampurhari, alleged to be a violation of Sections 30(a), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that the seizure was made from the co‑accused’s vehicle, and that no incriminating material was found on him; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court noted the petitioner’s clean record, the fact that a co‑accused had already been granted bail, and the absence of any material linking the petitioner directly to the offence. Considering these circumstances, the court decided to grant bail. The bail was set at Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.

Issues considered

Whether bail should be granted to the petitioner under Sections 30(a), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail
Whether the petitioner poses a flight risk or a risk of tampering with evidence

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
criminal procedure
Section 103
Bharatiya Nagarik Suraksha Sanhita
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16221 of 2026
                  Arising Out of PS. Case No.-213 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Manish Kumar Son of Ram Shankar Rai Resident of Village- Mantoliya, P.S.-
                 Rampurhari, District- Muzaffarpur
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rampurhari P.S. Case No. 213 of 2025, instituted for the

                   offences punishable under Sections 30(a), 32(ii) and 41(1) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 1230 liters

                   liquor of spirit was recovered from tractor.

                                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. The alleged

                   recovery has been made from the trolley of tractor standing in
           Patna High Court CR. MISC. No.16221 of 2026(2) dt.11-03-2026
                                                       2/2




                     the field of co-accused Vikash Rai @ Vikash Kumar. The name

                     of the petitioner has been disclosed by the local Chowkidar.

                     Learned counsel for the petitioner further submits that other co-

                     accused has been granted bail by this Bench vide order dated

                     24.02.2026 passed in Cr. Misc. No.13074 of 2026. The

                     petitioner is in custody since 31.01.2026 and has got no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with             Rampurhari P.S.

                     Case No. 213 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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