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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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