Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered that bail be granted to the petitioner subject to a bond and specified conditions.
Summary
Manish Kumar was arrested on 19 January 2026 in connection with a case involving the alleged possession and sale of 202 litres of illicit country-made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The police acted on a tip-off, recovered the liquor, and the petitioner fled the scene, leading to his inclusion as an accused. The petitioner’s counsel argued that the FIR was fabricated, that there was no substantive material linking him to the offence, and that the investigation violated mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The prosecution opposed bail, citing three prior cases, though the petitioner was already on bail in those matters. The High Court, after considering the arguments, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the alleged procedural lapses and his criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural compliance
- criminal antecedent
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19534 of 2026
Arising Out of PS. Case No.-534 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Manish Kumar S/o Satyadev Sah @ Satyadev Shah @ Rudal Sah R/O
Badheya, P.S.- Mirganj, Dist.- Gopalganj.
... ... Petitioner
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.01.2026 in connection with Mirganj P.S. Case No. 534 of
2025 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. The prosecution story, in brief, is that police party
were on night patrolling duty and in the meantime, informant
received secret information that petitioner Manish Kumar and
co-accused Dipanshu Kumar brought illicit liquor and hide the
liquor in straw near Babnethi Chimni and stand there for sell.
On the basis of said information, police party reached at the
aforementioned place and saw that two persons started fleeing
after seeing police party. However, police party chased them but
Patna High Court CR. MISC. No.19534 of 2026(2) dt.31-03-2026
2/4
they managed to fled away. Thereafter, when police party
searched the place then they recovered total 202 liters of country
made liquor.
4. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
Learned counsel for the petitioner submits that as per the FIR,
the petitioner has fled away from the place of occurrence.
Learned counsel for the petitioner submits that from bare
perusal of the FIR it appears that altogether 202 liters of country
made liquor has been recovered from the place of occurrence
and petitioner has been made an accused in this case on the
basis of suspicion and except suspicion, no cogent material has
come during the course of investigation to suggest the
involvement of petitioner in the present case and petitioner is in
custody since 19.01.2026. It is next submitted that there is non-
compliance of mandatory provisions of Sections 103 and 105 of
BNSS, 2023.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that petitioner has antecedent
of three cases other than the present case but fairly submits that
Patna High Court CR. MISC. No.19534 of 2026(2) dt.31-03-2026
3/4
the petitioner is on bail in the pending cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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 Court of
District and Additional Sessions Judge-IV-cum-Exclusive
Special Court-II, Gopalganj in connection with Mirganj P.S.
Case No. 534 of 2025, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.19534 of 2026(2) dt.31-03-2026
4/4
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…