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Patna High Court

Manisha KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner subject to the stipulated bond and surety conditions.

Summary

Manisha Kumari applied for pre‑arrest bail in a case registered under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act for the alleged recovery of 90 litres of foreign liquor from a vehicle. She asserted that she is innocent, has no involvement with the seized liquor, and that the motorcycle in question was lent to Kanhaiya Kumar, who was apprehended. The State opposed the bail, but the court, after considering the FIR and the petitioner’s clean antecedent, ordered her release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Securities Act. The court also directed the District Court to verify her criminal antecedents and stipulated that the order would lapse if she is found involved in other cases. The bail application was disposed of with the grant of bail.

Issues considered

  • Whether pre‑arrest bail should be granted in a case under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s claim of innocence and clean antecedent justify bail.
  • Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • foreign liquor seizure
  • criminal procedure
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30299 of 2026
                     Arising Out of PS. Case No.-376 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Manisha Kumari D/o Sakaldeep Paswan @ Sakaldip Paswan R/o Village -
                 Donak Chowk Road Prabhat Colony, P.S. - K.Hat, District - Purnea.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajeev Ranjan, Advocate.
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-05-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Madya Nisedh P.S. Case No. 376 of 2026 registered for the

                   offence punishable under Sections 30(a) and 32(2) of the Bihar

                   Prohibition and Excise Act, as amended uptodate.

                                3. Allegation is of recovery of 90 litres of foreign

                   liquor from a car bearing Registration No. BR11BT4892.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the case. He has no concern either

                   with the seized liquor or trade of liquor in any manner. He is the

                   owner of the motorcycle and he had given his motorcycle to one

                   Kanhaiya Kumar who was apprehended on the spot. The
          Patna High Court CR. MISC. No.30299 of 2026(2) dt.13-05-2026
                                                      2/2




                    petitioner has clean antecedent.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R., the petitioner, above named, is directed to be released

                    on pre-arrest bail, in the event of his arrest or surrender before

                    the Court below within a period of four weeks from today, on

                    furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                    sureties of the like amount each to the satisfaction of learned

                    District Court where the case is pending in connection with

                    Madya Nisedh P.S. Case No. 376 of 2026, subject to the

                    condition as laid down under Section 438(2) of the Cr.P.C /

                    Section 482 (2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.



                                                            (Purnendu Singh, J)
mantreshwar/-
U      T


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