Patna High Court
Manish Kumar Yadav @ Manish GopversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Manish Kumar Yadav applied for bail in a case (PS Alamanj Case No. 235 of 2026) where 62 litres of illicit country-made liquor were seized from a semi‑constructed house linked to him under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner claimed innocence, arguing that the seizure was made from an open, semi‑constructed structure and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, highlighting the petitioner’s criminal record of seventeen cases, eight of which involve similar offences. After hearing both sides, the court considered the circumstances, the petitioner’s custody since 13‑03‑2026, and the need for cooperation in trial. The court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of personal appearance, a relative as bailor, and a prohibition on future similar offences.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the police complied with Section 105 of the BNSS during the seizure of the illicit liquor.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 105
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Section 30
- Section 105
- criminal antecedent
- judicial custody
- prohibition and excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28322 of 2026
Arising Out of PS. Case No.-235 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Manish Kumar Yadav @ Manish Gop Son of Late Jagdish Yadav @ Jagdish
Gop R/o - Pathari Ghat, Old Devi Asthan, P.S.- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Alamganj P.S. Case No. 235 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. The case of the prosecution, in short, is that from a
semi-constructed house of the petitioner, altogether 62 liters of
illicit country-made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.28322 of 2026(2) dt.05-05-2026
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case. He also submits that nothing has been recovered from the
possession of the petitioner; rather, the recovery has been made
from a semi-constructed house, which is an open place. He
further submits that the witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. Moreover, the petitioner is
languishing in judicial custody since 13.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of seventeen cases out of which eight cases are of
similar nature.
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 with the condition
that the petitioner shall cooperate in trial, shall remain
physically present on each and every date fixed by the
learned court below, one of the bailor shall be his near
relative and shall also not indulge himself in similar nature
of the offences in future. The above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Patna High Court CR. MISC. No.28322 of 2026(2) dt.05-05-2026
3/3
Court of Excise, Patna City, Patna in connection with Alamganj
P.S. Case No. 235 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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