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Patna High Court

Manoj Kumar @ Amit Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted subject to surrender within eight weeks and furnishing of bail bonds and sureties as per Section 482(2) of the B.N.S.S., 2023.

Summary

Manoj Kumar, the petitioner, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 20 litres of country-made liquor recovered from a public place. The petitioner argued that no incriminating article was found in his possession and that he was only suspected, also asserting a clean antecedent. The State opposed the bail application. The court considered the lack of direct possession, the petitioner’s clean record, and the statutory provisions governing bail. It ordered that bail be granted if the petitioner surrenders within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article is found in his possession.
  • Whether the petitioner’s clean antecedent and the nature of the suspicion justify bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • suspected possession
  • clean antecedent
  • Special Excise Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30107 of 2026
                      Arising Out of PS. Case No.-86 Year-2026 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Manoj Kumar @ Amit Kumar Gupta S/O Late Saryu Sah @ Saryu Prasad
                 Gupta R/O Village- Itimha, P.S.-Nasriganj, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brijendra Kumar
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   01-07-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. As per F.I.R., 20 liters of country-made liquor was

                   recovered from passage (Galli) i.e. public place.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the conscious

                   possession of petitioner and has been implicated in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State has opposed the bail

                   petition.

                                6. Considering the aforesaid facts & circumstances,
           Patna High Court CR. MISC. No.30107 of 2026(3) dt.01-07-2026
                                                       2/2




                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Special Excise Court No. 2 at Sasaram (Rohtas), in connection

                     with Nasriganj P.S. Case No. 86 of 2026, subject to condition as

                     laid down under Section 482(2) of the B.N.S.S., 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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