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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
            Patna High Court CR. MISC. No.27783 of 2026(2) dt.27-04-2026
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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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