Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a), 37(c)
- BNSS, 2023 — s. 482(2)
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
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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
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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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