Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to a cash bond, two sureties and specified conditions.
Summary
Manish Kumar was arrested in connection with a case involving the seizure of 1,845 litres of illicit liquor, 22 motorcycles, rubber tubes and phones, and charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and the circumstances, allowed the bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with two conditions: deposit the Rs. 25,000 donation with the Ramakrishna Mission and attend the Saharghat Police Station every Sunday. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act relating to large‑scale illicit liquor possession.
- Whether the conditions imposed – a charitable donation and monthly police‑station attendance – are lawful and appropriate for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition
- criminal procedure
- Bharatiya Nyaya Sanhita
- conditions of bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28556 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- SAHARGHAT District- Madhubani
======================================================
Manish Kumar S/O Umesh Mandal R/O Village- Kerwa, P.S- Saharghat,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Saharghat P.S. Case No. 17 of
2026, registered for offences punishable under Sections 274,
275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 1845 liters of illicit
liquor, 22 motorcycles, three rubber tubes and two phone
phones were recovered. The petitioner is in custody since
19.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
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submitted that the petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Saharghat P.S. Case
No. 17 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
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attendance at Saharghat Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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