Manish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29825 of 2026
                        Arising Out of PS. Case No.-818 Year-2026 Thana- Excise P.S. District- Patna
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           1.     Manish Kumar S/o Late Munna Prasad R/o - Saidpur, Nand Nagar Colony,
                  Ward No. 48, P.S - Bahadurpur, District - Patna
           2.    Ravi Mahto S/o Gouri Mahto R/o - Saidpur, Nand Nagar Colony, Ward No.
                 48, P.S - Bahadurpur, District - Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Tej Pratap, Advocate
                 For the Opposite Party/s :         Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                      Heard Mr. Tej Pratap, learned counsel for the

                   petitioners and Mr. Ashok Kumar Singh, learned APP for the

                   State.

                                2. Petitioners seek bail, who are in custody since

                   06.02.2026, in connection with Excise P.S. Case No. 818 of

                   2026, F.I.R. dated 05.02.2026 registered for the offences

                   punishable under Sections 30(a), 41, 56(b) of the Bihar

                   Prohibition & Excise Act, 2018.

                                3. Recovery is of 320.00 litres of country made liquor.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have been falsely

                   implicated in the present case.                  He further submits that it
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          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioners

          rather recovery has been made from the vehicle in question and

          altogether 320.00 litres of country made liquor was recovered

          from the vehicle in question.               He further submits that the

          petitioners are not the owner of the vehicle in question. It

          appears from the seizure list that the seizure list witnesses are

          police personnel so there is non-compliance of Sections 103 and

          105 of BNSS, 2023. He further submits that the police after

          investigation submitted chargesheet against the petitioners and

          the petitioners are in custody since 06.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                 bail of the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and

          nothing has been recovered from the conscious possession of

          the petitioners and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioners, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned Special Judge, Excise-III, Patna, in
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                         connection with Excise P.S. Case No. 818 of 2026, subject to

                         the following conditions :-

                                      (1) Petitioners shall co-operate in the trial and shall

                         be properly represented on each and every date fixed by the

                         Court and shall remain physically present as directed by the

                         Court and on their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T