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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

Manish Kumar was arrested in connection with the recovery of 756 litres of spirit from a pick‑up vehicle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passer‑by, not the owner or driver, and that no incriminating material was found in his possession; he also highlighted his clean record and the grant of regular bail to a co‑accused in a similar case. The State opposed bail. The Court, noting the lack of material evidence, the petitioner’s custody duration, and the precedent of bail to a co‑accused, decided to grant bail on a bond of Rs.15,000 with two sureties of the same amount, subject to the lower court’s satisfaction.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged offence involves a large quantity of spirit.
  • Whether arrest solely on suspicion without material evidence justifies denial of bail.
  • Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • suspicion arrest
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16795 of 2026
                         Arising Out of PS. Case No.-29 Year-2026 Thana- BYPASS District- Patna
                 ======================================================
                 Manish Kumar Son of Vinod Prasad Singh @ Vinod Singh @ Binod Prasad
                 Singh Resident of Village - Chandpur, P.S.- Chandi, District - Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 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 Bypass

                   P.S. Case No. 29 of 2026, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 756 liters

                   spirit was recovered from pick-up vehicle.

                                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 spirit. Learned counsel

                   for the petitioner also submitted that the petitioner is neither
             Patna High Court CR. MISC. No.16795 of 2026(2) dt.11-03-2026
                                                         2/2




                       owner nor driver of the pick-up vehicle in question rather he

                       was a passerby of that way and was arrested only on the basis of

                       suspicion. The petitioner is in custody since 25.01.2026 and has

                       got no criminal antecedent. Learned counsel for the petitioner

                       further submits that similarly situated co-accused has been

                       granted regular bail by this Court vide order dated 27.02.2026

                       passed in Cr. Misc. No. 14422 of 2026. 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 Bypass P.S. Case

                       No. 29 of 2026.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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