Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Manoj Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 0.75 litres of illicit liquor were recovered from his Swift Dzire. He contended that the liquor was possessed by the driver without his knowledge or consent and that he had no prior criminal record. The State opposed his anticipatory bail application. The Patna High Court, considering the small quantity seized and the petitioner's clean antecedent, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession of illicit liquor.
- Whether the petitioner’s claim of lack of knowledge and clean antecedent warrants bail despite the seizure.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- clean antecedent
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27596 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
Manoj Kumar Son of Laxman Chaudhary Resident of Quarter No. 1290,
Street No. 17, Sector 8/B, Bokaro Steel City, P.S.- Bokaro, District - Bokaro
(Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 0.75 litres illicit liquor was
recovered from the seized Swift Dzire car of this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Without consent and knowledge of this
petitioner, driver of the car kept the same for his own
consumption. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.27596 of 2026(2) dt.04-05-2026
2/2
6. Considering the quantity of recovery and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise-II, Sasaram in connection with Sasaram (Town) P.
S. Case No. 134 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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