Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to the stipulated conditions.
Summary
Manish Kumar and Sarjesh Kumar Sharma applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 105.125 litres of illicit liquor was recovered. The prosecution alleged involvement, but the petitioners argued that no incriminating material was found in their possession and they have clean antecedents. The State opposed the bail. The Court considered the nature of the accusation, the place of recovery, and the petitioners' clean record. It granted anticipatory bail, directing that if arrested within eight weeks they may be released on a bail bond of Rs.10,000 each with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused have no material in their possession and a clean antecedent.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be imposed on the anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- Section 482
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22553 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
1. Manish Kumar S/O Om Prakash Sharma R/O Vill.- Barki Badhouna, Ward
No. 02, P.S.- Chausa, District- Madhepura
2. Sarjesh Kumar Sharma @ Sarjesh Kumar S/O Dhodhai Sharma R/O Vill.-
Ghosai, Ward No. 07, P.S.- Chausa, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 105.125 litres illicit
liquor was recovered from baasa.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession of the petitioners. Names of these petitioners during
investigation and they have got no concern with the alleged
recovery. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.22553 of 2026(2) dt.15-04-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-VII-cum-Special Judge Excise-II, Madhepura in
connection with Udakishunganj Excise P. S. Case No. 222 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…