Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.