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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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