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Patna High Court

Manjesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, owing to the petitioners’ clean antecedent and the non‑compliance of the procedural safeguards under Sections 103 and 105 of the Bharatiya Nyay Sanhita, bail must be granted subject to the stipulated conditions.

Summary

Manjesh Kumar and Alok Kumar were arrested on 27‑12‑2025 in connection with a case involving the alleged possession of 108 litres of country‑made liquor, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and Section 317(5) of the Bharatiya Nyay Sanhita, 2023. The petitioners contended that the liquor was recovered from a motorcycle and not from their conscious possession, that they have no prior criminal record and were falsely implicated, and that the statutory requirements of Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioners’ clean antecedent and the procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes. The bail order effectively disposed of the petition.

Issues considered

  • Whether the petitioners are entitled to bail despite alleged offences under the Bihar Prohibition and Excise Act and the Bharatiya Nyay Sanhita.
  • Whether the procedural safeguards under Sections 103 and 105 of the Bharatiya Nyay Sanhita have been complied with.
  • Whether the fact that the seized liquor was not in the petitioners' conscious possession warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • procedural compliance
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16892 of 2026
                     Arising Out of PS. Case No.-618 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
           1.     Manjesh Kumar S/o Bigu Ram @ Bikul Ram @ Vikul Resident of Village -
                  Sirisiya Pawar, P.S - Srirampur, District -Dewariya (Uttar Pradesh)
           2.    Alok Kumar S/o Satyendra Prasad Resident of Village - Sirisiya Pawar, P.S -
                 Srirampur, District -Dewariya (Uttar Pradesh)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :       Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                       Heard Mr. Pankaj Kumar Dubey, learned counsel

                   for the petitioners and Ms. Anita Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   27.12.2025 in connection with Mirganj P.S. Case No. 618 of

                   2025, F.I.R. dated 25.12.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018

                   and 317(5) of the Bharatiya Nyay Sanhita, 2023.

                               3. Recovery is of 108 liters of country made liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.16892 of 2026(2) dt.17-03-2026
                                            2/3




          from the F.I.R. as well as seizure list that nothing has been

          recovered from the conscious possession of the petitioners

          rather the recovery has been made from motorcylce in question

          and petitioners have no role at all in the recovery of the alleged

          liquor or the motorcycle. He further submits that there is non-

          compliance of Section 103 and 105 of BNSS and the petitioners

          are in custody since 27.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                      6. Considering the aforesaid facts and circumstances,

          the petitioners have clean antecedent 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 Additional District and

          Session Judge-IV-cum-Exclusive Special Judge Excise Court-II,

          Gopalganj in connection with Mirganj P.S. Case No. 618 of

          2025, 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

          on their absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.16892 of 2026(2) dt.17-03-2026
                                                        3/3




                      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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