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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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