Patna High Court
Manjesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 317(5)
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
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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
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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
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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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