Patna High Court
Manish Kumar @ Manish Kumar RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Manish Kumar, was arrested in connection with the seizure of 477 litres of illicit country‑made liquor from a pick‑up van, alleged to be an offence under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he was neither the driver nor the owner of the vehicle, that nothing was recovered from his personal possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He had been in judicial custody since 23 January 2026 and applied for bail. The State opposed the bail application. After hearing both sides, the Patna High Court found that the circumstances warranted the grant of bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties of the same amount. The order was directed to be complied with by the District & Additional Sessions Judge‑IV‑cum‑Exclusive Special Excise Court II, Gopalganj.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged seizure of illicit liquor.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s alleged lack of ownership or control over the vehicle negates the charge under the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- seizure
- Section 105
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26612 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
Manish Kumar @ Manish Kumar Ram S/o Ramratan Ram Resident of
Village- Siswa, P.S.- Kuchaikot, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Madhukar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gopalganj Excise P.S. Case No. 59 of 2026 registered for
the offence punishable under Sections 30(a) and 32 of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
pick-up van altogether 477 liters of illicit country-made liquor
were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is neither driver nor
owner of the said vehicle. It is alleged that as the vehicle was
Patna High Court CR. MISC. No.26612 of 2026(2) dt.21-04-2026
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stopped, the petitioner attempted to flee away and was
apprehended. He also submits that nothing has been recovered
from the possession of the petitioner. The witnesses of the
seizure list are police personnel, and the police has not complied
with Section 105 of the BNSS while making the seizure.
Moreover, the petitioner is languishing in judicial custody since
23.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-IV-cum-Exclusive Special Excise
Court II, Gopalganj in connection with Gopalganj Excise P.S.
Case No. 59 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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