Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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