Patna High Court

Manish KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The petitioner is entitled to pre‑arrest bail subject to the conditions imposed under Section 482(2) of the BNSS.

Summary

Manish Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 750 ml of illicit liquor. He applied for pre‑arrest bail, claiming innocence and a clean antecedent. The State opposed the bail, but the High Court, after reviewing the FIR and noting the petitioner’s clean record and the State’s failure to enforce its liquor policy, found a prima facie case for bail. The Court directed that the petitioner be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order also directs the District Court to verify the petitioner’s criminal antecedent, and the bail order will lapse if other cases are found.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the petitioner’s clean antecedent and the State’s enforcement lapses justify granting bail

Legislation cited

BNSS — s. 482(2)

Subjects

pre‑arrest bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25088 of 2026
                 Arising Out of PS. Case No.-189 Year-2026 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Manish Kumar Son of Yadavlal Patel @ Yadolal Patel Resident of Village -
                 Karamwa Kachahari Tola, P.S. - Majhauliya, District - West Champaran,
                 Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mayank Mohan, Advocate
                 For the Opposite Party/s :      Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                         Heard Mr. Mayank Mohan, learned counsel

                   appearing on behalf of the petitioner and Mr. Nand Kumar,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Majhauliya P.S. Case No. 189/2026 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 750 ml. of

                   illicit liquor was recovered from the shop of the petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. Petitioner has no concern

                   either with the place of recovery or with the alleged recovered
Patna High Court CR. MISC. No.25088 of 2026(2) dt.22-04-2026
                                            2/3




          liquor. Petitioner has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that the petitioner has clean

          antecedent and also the fact that the State has failed to

          implement its liquor policy in its true spirit, I am of the opinion

          that petitioner has, prima facie, made out a case to be released

          on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending        in connection with Majhauliya P.S. Case No.

          189/2026, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                       8. The learned District Court is directed to verify the

          criminal antecedent of the petitioner and if it is found that the

          petitioner is involved in some other cases, as what has been
           Patna High Court CR. MISC. No.25088 of 2026(2) dt.22-04-2026
                                                       3/3




                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T

Continue reading with your account

Checking your session…