Patna High Court
Manish Kumar @ JackyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Manish Kumar was arrested on 30 March 2026 in connection with an excise case alleging the recovery of 615.24 litres of foreign liquor and 1,908 litres of beer from a community hall. The petitioner contended that he was implicated solely on the basis of secret information and had no role in the seizure. The prosecution opposed bail, noting a prior case against the petitioner, though he was already out on bail in that matter. The court examined the circumstances, the lack of direct evidence linking the petitioner to the offence, and the petitioner’s bail status in the other case. It ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act in the absence of direct evidence of participation.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41(1)
Subjects
- bail
- excise law
- criminal procedure
- liquor seizure
- Bihar Prohibition and Excise Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31478 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- MEHANDIGANJ District- Patna
======================================================
Manish Kumar @ Jacky Son of Harinath Mahto R/o- Maheshpur, P.S.-
Mehandiganj, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rushali, Advocate
: Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Ms. Rushali, learned counsel for the petitioner
and Mr. Rajesh Kumar, learned Additional Public Prosecutor for
the State.
2. Petitioner seeks bail who is in custody since
30.03.2026 in connection with Mehandiganj Excise P.S. Case
No. 87 of 2026 for the offence punishable under Sections 30(a)
and 41(1) 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 615.24 liters of
foreign liquor and 1908 liters of beer from Samudayik Bhawan.
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that recovery has been
made from the Samudayik Bhawan and the petitioner has been
Patna High Court CR. MISC. No.31478 of 2026(2) dt.08-05-2026
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made an accused in the present case merely on the basis of
secret information and except the aforesaid nothing has come to
suggest the involvement of the petitioner with the present
occurrence. It is next submitted that the allegation against the
petitioner is of recovery of 615.24 liters of foreign liquor and
1908 liters of beer from Samudayik Bhawan and the same is
under construction. It is next submitted that the petitioner has no
role at all in the present occurrence and petitioner is in custody
since 30.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that 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 Court of Excise, Patna City (Bihar) in connection with
Mehandiganj Excise P.S. Case No. 87 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.31478 of 2026(2) dt.08-05-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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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