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Patna High Court

ManmohanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the petition for regular bail.

Summary

Manmohan and Rampal, who were the driver and cleaner of a truck, were arrested for transporting 3,888 litres of illicit liquor in Bihar. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022 and have been in custody since 8 February 2026. The petitioners applied for regular bail, arguing that they were merely employees. The court examined the seriousness of the offence, the large quantity of contraband, and the petitioners' knowledge that liquor is prohibited in Bihar. Concluding that the circumstances warranted continued detention, the court refused bail and dismissed the application, directing that the trial be expedited.

Issues considered

  • Whether regular bail should be granted to the driver and cleaner accused of transporting a large quantity of illicit liquor under the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • prohibition
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25132 of 2026
                    Arising Out of PS. Case No.-255 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Manmohan S/o Banwarilal Kharwal @ Banwarilal R/O Village - Kishangarh
                  Rainwal, P. S - Kishangarh Rainwal, District - Jaipur, Rajasthan.
           2.    Rampal Verma S/o Hari Ram Verma R/O Village - Kishangarh Rainwal, P. S
                 - Kishangarh Rainwal, District - Jaipur, Rajasthan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nawal Kishor Prasad
                 For the Opposite Party/s :        Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   22-06-2026                     Heard the parties.

                                   2. The petitioners seek regular bail in connection

                   with Excise P.S. Case No. 255 of 2026 registered for the offence

                   under Sections 30(a), 32(3) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   3888 liters of illicit liquor from a truck of which the petitioners

                   were driver and cleaner.

                                   4. The petitioners are in custody since 8.2.2026.

                                   5. Since the petitioners have been found to be

                   carrying such a huge quantity of liquor fully knowing the fact

                   that liquor is banned in Bihar, this Court is not inclined to grant
          Patna High Court CR. MISC. No.25132 of 2026(5) dt.22-06-2026
                                                      2/2




                    bail to the petitioners.

                                 6. Accordingly, this application is dismissed.

                                 7. The trial of the petitioners is directed to be

                    expedited.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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