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Patna High Court

Manoj Ray @ Manoj Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Manoj Ray was arrested on 10 February 2026 in connection with the seizure of 2,970 litres of Nepalese liquor from a vehicle in Sursand. The FIR alleges that Ray acted as a transporter for Mani Shankar Mahto, who disclosed Ray's name during interrogation. Ray pleaded innocence and sought bail, while the prosecution opposed on the ground of a prior criminal antecedent, though noting he is out on bail in another case. The High Court considered the nature of the offences under the Bihar Prohibition and Excise (Amended) Act, 2018 and the BNS, 2023, and the lack of evidence linking Ray to the liquor beyond the transport allegation. The Court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of his criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused in a case involving large‑scale illegal liquor possession under the Bihar Prohibition and Excise Act and BNS, 2023.
  • Whether the accused's prior criminal antecedent justifies denial of bail.
  • Whether there is a risk of the accused tampering with evidence or witnesses.

Subjects

  • bail
  • illegal liquor
  • transport facilitation
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • BNS Act
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25942 of 2026
                      Arising Out of PS. Case No.-41 Year-2026 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Manoj Ray @ Manoj Kumar Ray S/o Umesh Ray Resident of village -
                 Sursand, Ward No. 14, Police Station- Sursand, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                     Heard Mr. Shashank Shekhar, learned counsel for

                   the petitioner and Mr. Suresh Prasad Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.02.2026.2026 in connection with Sursand P.S. Case No. 41

                   of 2026, F.I.R. dated 19.01.2026 for the offences punishable

                   under Sections 30(a) and 36 and 41of the Bihar Prohibition and

                   Excise (Amended) Act, 2018 and Sections 274 and 275 of the

                   BNS, 2023.

                               3. Recovery is of 2970 liters of Nepalese liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. It appears from the FIR that altogether 2970 liters

                   of Nepalese liquor has been recovered from the vehicle in
Patna High Court CR. MISC. No.25942 of 2026(2) dt.22-04-2026
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          question and one Mani Shankar Mahto was apprehended and he

          disclosed the name of the petitioner and he stated that the

          petitioner was acting as a liner and thus providing transport

          facility to Mani Shankar Mahto. He further submits that except

          the aforesaid, nothing has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence. The petitioner is in custody since 10.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries one criminal antecedent other

          than the present one but fairly submits that he is on bail in the

          pending matter.

                       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 Special

          Judge, Exclusive Excise Court No. 2, Sitamadhi in connection

          with Sursand P.S. Case No. 41 of 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
            Patna High Court CR. MISC. No.25942 of 2026(2) dt.22-04-2026
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                       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

                       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)
Vanisha/-

U      T


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