Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and attendance conditions.
Summary
Manish Kumar was arrested in connection with the recovery of 2.250 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act. He had been in custody since 28 January 2026 and claimed innocence, asserting that he had no prior convictions. The State opposed his request for regular bail. The High Court, after considering the facts and the petitioner's submissions, allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to appear at the Sasaram Police Station on any Sunday of each month, with non‑appearance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.
Subjects
- bail
- excise offence
- illicit liquor
- Section 30(a)
- Bihar Prohibition & Excise Act
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20851 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Manish Kumar Son of Sudama Chaudhary Resident at Village - Lakhanu
Saray, P.S.- Sasaram, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kiran Kumari Sharma, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Excise P.S. Case No. 42 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition & Excise (Amendment)
Act.
3. The recovery is of 2.250 litres of illicit foreign
liquor from petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has two criminal antecedents. He
further submits that the petitioner is in custody since 28.01.2026
without any fault.
5. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
Patna High Court CR. MISC. No.20851 of 2026(2) dt.01-04-2026
2/2
6. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
7. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Spl. Judge Excise II, Kaimur at
Bhabhua / concerned Court below, in connection with Excise
P.S. Case No. 42 of 2026.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Sasaram Police Station, District- Rohtas on any one Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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