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Patna High Court

Manoj Kumar @ Shri Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Manoj Kumar was arrested in connection with the recovery of 1,206 litres of illicit liquor from his truck and charged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise & Prohibition Act. He contended that no incriminating material was found in his conscious possession and that his involvement was only alleged on suspicion. The petitioner had been in custody since 15 December 2025, and a charge‑sheet had already been filed. The State opposed his bail application. Considering the length of custody already served and the fact that the charge‑sheet was filed, the court allowed the regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The petitioner was ordered to be released on bail pending trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 272, 273 IPC and Section 30(a) Bihar Excise & Prohibition Act.
  • Whether the period of custody and filing of charge‑sheet justify granting bail.

Legislation cited

Subjects

  • regular bail
  • illicit liquor
  • IPC
  • Bihar Excise & Prohibition Act
  • custody
  • charge sheet
  • suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17231 of 2026
                 Arising Out of PS. Case No.-104 Year-2021 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Manoj Kumar @ Shri Manoj Kumar S/O Krishna Ray @ Shri Krishna Ray
                 R/o Govindpur, Fatua, P.S- Fatua, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kritu Verma, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Dalsinghsarai P. S. Case No. 104 of 2021 registered for the

                   offences punishable under Sections 272, 273 of the Indian Penal

                   Code and Section 30(a) Bihar Excise & Prohibition Act.

                                3. As per prosecution case, 1206 liters illicit liquor

                   was recovered from the seized truck of this petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Petitioner has been made accused in this

                   case only on suspicion. Petitioner is in custody since

                   15.12.2025. Charge-sheet has already been submitted.
              Patna High Court CR. MISC. No.17231 of 2026(3) dt.24-04-2026
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                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering period of custody and the fact that

                        charge-sheet has been sbmitted, this bail application is allowed.

                        The petitioner, above named, is directed to 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 First, Samastipur in connection

                        with Dalsinghsarai P. S. Case No. 104 of 2021.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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