Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, a driver and co‑driver, were arrested in connection with the seizure of 285.75 litres of illicit foreign liquor from a vehicle, alleged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, that nothing was recovered from their possession, and that the police seizure violated Section 105 of the B.N.S.S. They also highlighted their clean record and that they had been in judicial custody since 11 January 2026. The State opposed the grant of regular bail. After hearing both sides, the Court found the petitioners’ arguments persuasive and ordered their release on regular bail, subject to a bond of Rs.10,000 each with two sureties, to be filed with the Special Excise Court, Siwan.
Issues considered
- Whether the petitioners are entitled to regular bail under the Bihar Prohibition and Excise Act in view of the alleged seizure of illicit liquor.
- Whether the police seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioners' lack of possession and clean antecedent justify bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit liquor
- seizure
- Section 105
- Bihar Prohibition and Excise Act
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28208 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
1. Manoj Kumar, S/O Ruda Ram, R/O Mohalla- House No. 255, Nehru Colony
Khand B, P.S.- Saran, Distt.- Faridabad (Hariyana).
2. Vijay Pal, S/O Laxman Singh, R/O Mohalla- House No. 255, Nehru Colony
Khand B, P.S.- Saran, Distt.- Faridabad (Hariyana).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar, APP 125
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 30(a)
and 47 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
car, altogether 285.750 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have committed no offence.
They have been falsely implicated in this case. They are driver
and co-driver of said vehicle. They were unaware of the
Patna High Court CR. MISC. No.28208 of 2026(2) dt.04-05-2026
2/2
consignment. Nothing has been recovered from their possession.
It has further been submitted that the witnesses of the seizure
list are police personnel. Police has not complied Section 105 of
the B.N.S.S. while making the seizure. Petitioners are having
no criminal antecedent and they are languishing in judicial
custody since 11.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Siwan Sadar (Excise) P.S. Case No. 25 of 2026 on furnishing
bail bond of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of learned A.D.J.
Special Excise Court No. 2, Siwan.
(Ashok Kumar Pandey, J)
lata/-
U T
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