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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner under Section 482(2) of the BNSS, 2023, as the allegations against him were doubtful and he had a clean antecedent.

Summary

Manoj Kumar was apprehended as the owner of a motorcycle used by co‑accused Dharmendra Kumar, who was caught with 2 litres of illicit mahua liquor and in an inebriated state. The prosecution alleged that Kumar was liable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, that the motorcycle was borrowed, and that no incriminating material was found on him, emphasizing his clean antecedent. The State opposed bail, insisting on the seriousness of the offence. The Court, noting the doubtful nature of the allegation, the possibility of false accusation, and the petitioner’s clean record, ordered his release on bail subject to conditions under Section 482(2) of the BNSS, 2023. Bail was granted on the security of Rs.10,000 with two sureties and additional conditions regarding presence in court.

Issues considered

  • Whether the owner of a vehicle used by a co‑accused can be held liable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act.
  • Whether bail can be granted under Section 482(2) of the BNSS, 2023 in view of the alleged offence and the petitioner’s circumstances.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • excise offence
  • vehicle ownership
  • false implication
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28706 of 2026
                        Arising Out of PS. Case No.-234 Year-2017 Thana- AIRPORT District- Patna
                 ======================================================
                 Manoj Kumar, Son of Rajendra Ray @ Rajendra Prasad Rai, Resident of
                 Rastriya Ganj, P.S.- Phulwarisharif, District - Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Akhauri Kamal Kishore Sahay
                 For the Opposite Party/s :         Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. In the present case, the petitioner is apprehending

                   his arrest in connection with Hawai Adda P.S. Case No.234 of

                   2017, registered under Sections 30(a), 37(c) of the Bihar

                   Prohibition and Excise Act.

                                3.    As      per    the   prosecution        case,     co-accused

                   Dharmendra Kumar was apprehended while riding a motorcycle

                   and from his possession, recovery of 2 liters of country made

                   mahua liquor was made and the co-accused was found in

                   inebriated condition. The petitioner is said to be the owner of

                   the motorcycle.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.28706 of 2026(2) dt.01-05-2026
                                            2/3




          case. The petitioner has not been apprehended from the spot and

          nothing      incriminating        has     been       recovered   from   the

          person/possession of the petitioner. The apprehended co-accused

          borrowed the motorcycle of the petitioner for some urgent need

          and, thereafter, the motorcycle was seized as co-accused was

          found carrying illicit liquor and was also found in inebriated

          condition. The petitioner has no concern with the seized liquor.

          The learned counsel further submits that in these facts and

          circumstances, no offence under the Excise Act is made out

          against the petitioner. The petitioner is having clean antecedent.

                       5. The learned APP vehemently opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          doubtful nature of allegation against the petitioner and further

          considering the possibility of false accusation and also

          considering the clean antecedent of the petitioner, let the

          petitioner above named in the event of his arrest or surrender

          before the court concerned within a period of eight weeks from

          today, 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 learned Special
           Patna High Court CR. MISC. No.28706 of 2026(2) dt.01-05-2026
                                                       3/3




                     Judge, Excise-1, Patna/court concerned, in connection with

                     Hawai Adda P.S. Case No. 234 of 2017, subject to the condition

                     laid down under Section 482 (2) of the BNSS, 2023 and other

                     following conditions:

                                   (i) One of the bailors will be a close relative of

                                   the petitioner.

                                   (ii) The petitioner will remain present on each

                                   and every date fixed by the below, if so required

                                   by the learned trial court.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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