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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail, subject to furnishing a bond of Rs.10,000 with two sureties, despite his prior criminal antecedents.

Summary

The petitioner, Manish Kumar, sought bail in a case (Mirganj P.S. Case No. 528 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 12.200 litres of foreign liquor were seized from a paddy field. The petitioner claimed innocence, stating that nothing was recovered from his possession and that he was falsely implicated, while the prosecution highlighted his prior criminal antecedent of four cases, three of similar nature. The State opposed bail on the ground of his antecedents. After hearing both sides, the Court considered the facts and circumstances and decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey, and the petitioner was released on bail pending trial.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite his prior criminal antecedents and the nature of the alleged offence

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21016 of 2026
                     Arising Out of PS. Case No.-528 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Manish Kumar Son of Satyadev Sah @ Satydev Shah @ Rudal Sah R/o-
                 Badheya, P.S.- Mirganj, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Mirganj P.S. Case No. 528 of 2025 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   paddy field, altogether 12.200 liters of country made foreign

                   liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner which is clear from the seizure list
           Patna High Court CR. MISC. No.21016 of 2026(2) dt.02-04-2026
                                                       2/2




                     itself that the recovery was made from paddy fields. The name

                     of this petitioner has been disclosed by the local Chowkidar. He

                     further submits that since the petitioner is having criminal

                     antecedent of four cases, out of which three cases are of similar

                     nature that is why he has been framed in this case. Moreover,

                     the petitioner is languishing in judicial custody since

                     30.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of four cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned District

                     & additional Sessions Judge-IV-cum-Exclusive Special Excise

                     Court-II, Gopalganj in connection with Mirganj P.S. Case No.

                     528 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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