Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioner's application for regular bail.
Summary
Manish Kumar was arrested in connection with the seizure of 450 litres of illicit Nepali liquor from three motorcycles, alleged to have violated Sections 111 and 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was not the driver and was mistakenly implicated, also alleging that the police failed to follow the procedure prescribed under Section 105 of the B.N.S.S. He has a prior criminal antecedent of a similar nature and has been in custody since 13‑02‑2026. The State opposed bail, citing the prior offence. After hearing both sides, the Court granted regular bail on the condition of a Rs.10,000 bond and two sureties, finding no sufficient ground to deny bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite a prior similar criminal antecedent and ongoing custody.
- Whether the alleged procedural lapse under Section 105 of the B.N.S.S. warrants the grant of bail.
- Whether the nature of the offence under the Bihar Prohibition and Excise Act justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 111, 317(5)
- B.N.S.S. — s. 105
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- prior criminal antecedent
- procedural lapse
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23379 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Manish Kumar Son of Shiv Dayal Ray Resident of village - Sarwara @
Shandwara @ Sandhwara, P.S.- Bajpatti, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sursand P.S. Case No.
78 of 2026 registered for the offences punishable under Sections
111/317(5) of the B.N.S. and under Section 30(a) of Bihar
Prohibition and Excise Act.
3. As per the prosecution case, during vehicle
checking, the informant intercepted three motorcycles and
apprehended one person, while other co-accused persons
managed to flee. Upon interrogation, the apprehended person
disclosed his name as Manish Kumar (the petitioner). Upon
search, total of 450 litres of illicit Nepali liquor was recovered
from all three motorcycles.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.23379 of 2026(3) dt.12-05-2026
2/2
this case. It has further been submitted that the petitioner was
actually not the person who was driving the motorcycle but due
to confusion, he has been arrested. It has also been submitted
that the procedure prescribed under Section 105 of the B.N.S.S.
has not been followed. Lastly, it has been submitted that the
petitioner has got one criminal antecedent in which he is on bail
and he is in custody since 13.02.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submitted that the
petitioner has one criminal antecedent of similar nature of
offence.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Sitamarhi, in connection with Sursand
P.S. Case No. 78 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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