Patna High Court

Manoj KumarversusThe state of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Bail was granted to the petitioner subject to a bond and sureties, as the allegations did not warrant continued detention.

Summary

Manoj Kumar was apprehended as a co-accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 180 ml of illicit liquor was seized from co-accused Mithlesh Rai, and his motorcycle was also recovered from the scene. The petitioner contended that he was innocent, asserting that the motorcycle was being used by a relative for a medical emergency and that no liquor was recovered from his vehicle. He further emphasized his clean criminal record and willingness to cooperate with the investigation. The State opposed the bail application. Considering the lack of direct evidence linking the petitioner to the liquor, his clean antecedent, and the circumstances of the vehicle's use, the Court granted bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted to the petitioner under the circumstances of the case
Whether the ownership of the seized motorcycle implicates the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
prohibition act
excise
illicit liquor
vehicle ownership
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26018 of 2026
                       Arising Out of PS. Case No.-348 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Manoj Kumar S/O Lal Bahadur Rai R/O Vill-Imbrahimabad, P.S-
                 Fatehpur(Raghopur), Distt-Vaishali
                                                                  ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   22-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                    3. As per the prosecution case, 180 ml illicit liquor

                   was recovered from apprehended co-accused Mithlesh Rai.

                   Motorcycle of the petitioner was also recovered from the place

                   of occurrence.

                                     4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case being the owner of the

                   seized motorcycle. Further submission is that at the relevant

                   time, the vehicle of the petitioner was taken by his relative for

                   some medical emergency. Petitioner was not present on the spot

                   and nothing has been recovered from the conscious possession
            Patna High Court CR. MISC. No.26018 of 2026(2) dt.22-04-2026
                                                        2/2




                      of the petitioner. The recovery of liquor was not made from the

                      motorcycle of the petitioner rather the same was recovered from

                      the possession of the apprehended co-accused. Petitioner has got

                      no criminal antecedent and he undertakes to cooperate in the

                      investigation and trial.

                                   5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, submissions of learned counsel for the parties,

                      nature of allegation and fair criminal antecedent of the

                      petitioner, let the above named petitioner be released on bail, in

                      the event of arrest or surrender before the Court below within a

                      period of six 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 Exclusive Special

                      Judge, Excise, Barh, Patna in connection with Salimpur P.S.

                      Case No. 348 of 2025, subject to the conditions as laid down

                      under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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