Patna High Court
Sagar Kumar @ Sagar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sagar Kumar, was arrested on 1 April 2026 for allegedly possessing 130 litres of liquor on his scooty, an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He applied for bail, arguing that the seizure list was prepared solely by police officers, violating mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023, and that he was implicated only because he owned the vehicle. The State opposed bail, noting the petitioner’s ownership of the scooty and a prior criminal case, though he was already out on bail in that matter. The court examined the facts, the alleged procedural lapses, and the petitioner’s antecedents, and decided to grant bail. Bail was conditioned on a Rs 10,000 bond with two sureties, compliance with court appearances, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedent.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants the grant of bail.
- Whether the petitioner’s prior criminal case affects his eligibility for bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- excise offence
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- BNSS 2023
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31468 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- KADAMKUAN District- Patna
======================================================
Sagar Kumar @ Sagar Manjhi S/o Late Vishwanath Manjhi Resident of
Village - Chheditola, Mubarakpur, P.S. - Phulwarisharif, District - Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj
For the Opposite Party/s : Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Ravi Shanker Pankaj, learned counsel
for the petitioner and Md. Nazir Ansari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.04.2026 in connection with Kadamkuan Excise P.S. Case No.
132 of 2026 for the offence punishable under Section 30(a)of
the Bihar Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short, is that the
allegation against the petitioner is of recovery of 130 liters of
liquor from the scooty.
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that recovery has been
made from the scooty and the petitioner has been made an
accused in the present case merely on the fact that petitioner is
Patna High Court CR. MISC. No.31468 of 2026(2) dt.08-05-2026
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owner of the scooty in question. It is next submitted that the
allegation against the petitioner is of recovery of 130 liters of
liquor from the scooty in question. It is next submitted that from
perusal of the seizure list it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and petitioner is in custody since 01.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner is owner of the scooty in question and
petitioner has antecedent of one case other than the present case
but fairly submits that petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise-2, Sheikhpura in connection with
Kadamkuan Excise P.S. Case No. 132 of 2026, subject to the
following conditions:-
i. Petitioner 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
Patna High Court CR. MISC. No.31468 of 2026(2) dt.08-05-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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