Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Mantu Kumar, was arrested on 16 March 2026 in connection with a case involving the seizure of 378 litres of Nepali liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed to have a clean antecedent and argued that the liquor was recovered from three motorcycles that he did not own, asserting that he was not in conscious possession and that the police failed to comply with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The court considered the lack of direct possession, the petitioner’s clean record, and procedural lapses, and consequently ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay for verification. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner was in conscious possession of the seized liquor.
- Whether non‑compliance with Sections 103 and 105 of the BNSS affects the bail application.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- conscious possession
- BNSS
- Sections 103 and 105
- criminal antecedent
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25455 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
Mantu Kumar S/O Lalan Kumar Yadav Resident of village - Masha Alam,
P.S- Bairgania, Distt.- Sitamarhi,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Dwij Raj, learned counsel for the petitioner
and Mr. Rajendra Prasad Nat, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.03.2026 in connection with Bairganiya P.S. Case No.
80/2026, F.I.R. dated 15.03.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 378 liters of Nepali liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.25455 of 2026(2) dt.16-04-2026
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the recovery has been made from three motorcycles in question
and he is not the owner of the motorcycles. The seizure list
witnesses are police personnel and there is non-compliance of
Sections 103 and 105 of the BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 16.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned court of
Exclusive Excise Court No. 1, Sitamarhi in connection with
Bairganiya P.S. Case No. 80/2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.25455 of 2026(2) dt.16-04-2026
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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