Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Manish Kumar, a driver of a Tata Magic vehicle, was arrested on 12 February 2026 in connection with the seizure of 203.250 litres of foreign liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no conscious possession of the liquor, was not the vehicle’s owner, and that the seizure violated Sections 103 and 105 of the Bihar Narcotic and Substance Seizure (BNSS) Act, 2023. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made subject to cancellation if the petitioner breaches any condition.
Issues considered
- Whether bail should be granted to the accused under the circumstances of alleged possession of illicit liquor.
- Whether the seizure of the liquor complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s role as driver suffices to attract liability under Section 30(a) of the Bihar Prohibition and Excise Act.
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- BNSS 2023
- seizure compliance
- driver liability
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27783 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur
======================================================
Manish Kumar S/O Budho Mandal R/O Jhalu Das Tola, P.S- Rangra, Distt.-
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for
the petitioner and Ms. Shaheen Begum, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.02.2026 in connection with Antichak P.S. Case No. 12 of
2026, F.I.R. dated 11.02.2026 for the offences punishable under
Section 30(a) and of the Bihar Prohibition and Excise Act.
3. Recovery is of 203.250 liters of different brands of
foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.27783 of 2026(2) dt.27-04-2026
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the recovery of altogether 203.250 liters of illicit liquor has been
made from the TATA Magic vehicle in question and petitioner
has been made accused merely on the ground that he is driver of
the said vehicle in question. He further submits that petitioner is
not the owner of the vehicle and it appears from the seizure list
that the seizure list witnesses are the police personnel, so there
is non-compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 12.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstance,
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 Exclusive
Special Excise Judge-I, Bhagalpur in connection with Antichak
P.S. Case No. 12 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
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
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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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