Patna High Court
Manoj Kumar @ Shri Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 272, 273
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
2/2
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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