Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to bail as he has no ownership, no possession of the illicit liquor, and no prior criminal record.
Summary
The petitioner, Mantu Kumar, was in judicial custody for alleged involvement in the illegal possession of 378 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no criminal antecedents, and was not the owner of the vehicle from which the liquor was recovered. The prosecution argued against granting bail, but the court noted that nothing was found in the petitioner's conscious possession and he had no prior record. Considering these facts, the court found no substantive reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑I, Supaul.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act despite the alleged recovery of illicit liquor.
- Whether the lack of ownership of the vehicle and absence of possession by the petitioner justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- ownership
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33693 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- PIPRA District- Supaul
======================================================
Mantu Kumar S/o Late Binod Yadav R/o Village - Jarauli, Ward No. 15, P.S -
Pipra, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Pipra P.S. Case No. 70 of 2026 registered for the offences
punishable under Sections 30(a) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, total 378 litres of illicit
liquor recovered from the pick up.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that petitioner has got no criminal antecedent as
stated in paragraph no. 3 of the bail petition. It is also submitted
that petitioner is in judicial custody since 01.03.2026.
Patna High Court CR. MISC. No.33693 of 2026(2) dt.19-05-2026
2/2
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned , it appears
that petitioner is not the owner of the sized vehicle. Nothing has
been recovered from the conscious possession of the petitioner.
He has got no criminal antecedent and he is in custody since
01.03.2026.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released 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 Exclusive
Special Excise Court-I, Supaul in connection with Pipra P.S.
Case No. 70 of 2026.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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