Patna High Court
Manu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Manu Kumar and Devnath Ram, were arrested on 21 January 2026 in connection with Excise Case No. 173 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 involving 95 litres of illegal Chulai liquor. They contended that the seized liquor was recovered from the roadside, not from their conscious possession, and that the investigating authorities failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act. The Additional Public Prosecutor opposed bail, noting a prior criminal record for petitioner‑1. The High Court, after considering the lack of direct possession and procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted when the alleged contraband was not found in the accused's possession.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act warrants bail.
- Whether the presence of a prior criminal antecedent for one petitioner affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16647 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
1. Manu Kumar S/O Ram Dayal Ram @ Ramdayal Gond Village- Rupahatha,
P.S.-Amjhore, District- Rohtas
2. Devnath Ram S/O Late Sohar Ram Village- Rupahatha, P.S.-Amjhore,
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Rajesh Kumar Singh, learned counsel
for the petitioners and Mr. Arun Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
21.01.2026 in connection with Excise Case No. 173 of 2026,
F.I.R. dated 21.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 95 liters of illegal Chulai liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case merely on the basis of suspicion. He further
submits that it appears from the F.I.R. as well as seizure list that
Patna High Court CR. MISC. No.16647 of 2026(2) dt.16-03-2026
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nothing has been recovered from the conscious possession of
the petitioners rather the recovery has been made from road
side. He further submits that there is non-compliance of Section
103 and 105 of BNSS and the petitioners are in custody since
21.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that petitioner no.1 carries one criminal antecedent
whereas petitioner no.2 has clean antecedent.
6. Considering the aforesaid facts and circumstances
and the fact that nothing has been recovered from the conscious
possession of the petitioners rather the recovery has been made
from road side and there is non-compliance of Section 103 and
105 of BNSS, let the petitioners, 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 Judge Excise Court-I, Rohtas,
Sasaram in connection with Excise Case No. 173 of 2026,
subject to the following conditions:-
i. Petitioners 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
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on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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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