Patna High Court
Manish Kumar @ Pintu Yadav @ Manish @ PintuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
Manish Kumar was arrested in connection with a case alleging recovery of 2,660.025 litres of liquor from a truck and charged under IPC sections 420, 467, 468, 471 and 120B, as well as sections 30(a), 30(i)(ii) and 41 of the Bihar Excise Act. The petitioner argued that he was not arrested at the scene, had no possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement made by another person (Lalu) while in police custody, which he claimed lacked evidentiary value. He had been in custody since 20‑11‑2025 and sought bail. The State opposed the bail application. The court, after considering the petitioner's submissions, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, directing compliance with the trial court.
Issues considered
- Whether bail should be granted to an accused charged with offences under Sections 420, 467, 468, 471, 120B of the IPC and the Bihar Excise Act.
- Whether the confessional statement of a co‑accused made in police custody can be the sole basis for arrest and denial of bail.
- Whether the absence of possession and ownership of the seized vehicle justifies granting bail.
Legislation cited
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- bail
- IPC
- cheating
- forgery
- criminal conspiracy
- excise law
- confessional statement
- police custody
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2385 of 2026
Arising Out of PS. Case No.-21 Year-2023 Thana- BIHTA District- Patna
======================================================
Manish Kumar @ Pintu Yadav @ Manish @ Pintu S/O Late Pramod Rai @
Pramod Kumar R/O Lal Kothi Lakhahi Sultanpur, P.S- Danapur Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 420, 467, 468, 471 and
120B of IPC read with Sections 30(a), 30(i)(ii) and 41 of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 2660.025 liters of liquor from a
truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not owner of the
seized vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.2385 of 2026(2) dt.30-01-2026
2/2
confessional statement of Lalu in police custody which does not
have any evidentiary value. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is further
submitted that petitioner is in custody since 20-11-2025.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Bihta P.S. Case No.
21 of 2023.
(Satyavrat Verma, J)
Rishabh/-
U T
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