Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding insufficient grounds to continue his detention.
Summary
The petitioner, Manish Kumar, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act after police recovered 40 litres of country‑made liquor near a dam in Latarhiya village. He claimed innocence, stating that no liquor was found in his possession, that the seizure list lacked independent witnesses, and that he has no prior criminal record. He had been in judicial custody since 15 March 2026 and sought regular bail. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's claim of lack of direct involvement and, considering the circumstances, ordered his release on bail upon furnishing a bail bond of Rs 10,000 with two sureties. The order was directed to be complied with by the Exclusive Special Excise Court, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of liquor by police
- Whether the absence of direct possession and lack of independent witnesses justifies granting bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- excise law
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28241 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- PARSA District- Saran
======================================================
Manish Kumar Son of Munna Rai @ Monu Ray Resident of Village- Pojhi,
P.S.- Derni, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that near a dam of
Latarhiya village, altogether 40 liters of country made liquor
was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. There is no independent witness
of the seizure list rather they are police personnel. A statement
Patna High Court CR. MISC. No.28241 of 2026(2) dt.04-05-2026
2/2
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, he is languishing in
judicial custody since 15.03.2026.
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 petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Parsa P.S. Case No. 129 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 3 rd Exclusive Special Excise
Court, Saran at Chapra.
(Ashok Kumar Pandey, J)
shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.