Patna High Court
Manoj Kumar @ Amit Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.