Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner with conditions, noting the lack of direct possession, absence of prior criminal antecedent, and reliance on a co‑accused’s confession.
Summary
Manish Kumar, the driver of a Scorpio vehicle, was implicated in a case involving the seizure of 441.9 liters of foreign liquor. The petitioner argued that the liquor was not recovered from his physical possession, that his name was linked only through a co‑accused’s confessional statement, and that the seizure violated procedural requirements due to lack of an independent witness. The State opposed bail, citing the serious nature of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. The Court considered the petitioner’s lack of prior criminal record and the fact that the co‑accused had already been granted bail. Consequently, the Court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and conditioned on his cooperation with the investigation and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the offences and the evidentiary basis linking him to the seized liquor?
- Whether the procedural requirements for seizure and search were complied with, affecting the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 3(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- confessional statement
- illegal liquor seizure
- search and seizure procedure
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27737 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
Manish Kumar S/O Akhilesh Sah R/O Village- Dulma, P.S- Madhuban, Distt.-
East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Usha Kumari
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 319(2),
318(4), 338, 336(3), 340(2), 339, 3(5) of the B.N.S. and Section
30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 441.9 liters of foreign liquor is
said to have been recovered from the Scorpio vehicle and the
petitioner is the driver of the said vehicle.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the physical and conscious
possession of the petitioner. It is submitted that the name of the
petitioner has transpired on the basis of confessional statement of
co-accused Kutubudin Ansari and as a matter of fact, neither the
vehicle nor the alleged hut from which it has been stated that 1.260
litres illicit liquor was recovered belongs to the present petitioner.
It is further submitted that the mandatory provisions of search and
Patna High Court CR. MISC. No.27737 of 2026(3) dt.11-06-2026
2/2
seizure have been violated as there is no independent witness to
the seizure list. Further, the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and circumstances
and also considering the fact that the name of the petitioner has
transpired from the confessional statement of co-accused who has
already been granted bail and petitioner has no criminal
antecedent, let the above named petitioner in the event of his arrest
or surrender before the learned Court below within a period of four
weeks from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below where
the case is pending/successor Court in connection with Madhuban
P.S. Case 97 of 2026, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the
further conditions:
(i) One of the bailors will be a family member/close
relative.
(ii) The petitioner shall cooperate in the
investigation/trial.
(Soni Shrivastava, J)
devendra/-
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