Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties of the same amount.
Summary
Manish Kumar was arrested in connection with the seizure of 332.640 liters of illegal foreign liquor from two vehicles, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he was falsely implicated and had been in custody since 8 April 2026. He applied for bail, arguing that the recovery of liquor and the vehicles was not directly attributable to him. The State opposed the bail application. The Court, after hearing both sides, ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond and two sureties of equal amount, subject to the satisfaction of the Exclusive Special Court of Excise, Patna.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
Subjects
- bail
- prohibition
- excise
- illegal liquor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34782 of 2026
Arising Out of PS. Case No.-669 Year-2024 Thana- ALAMGANJ District- Patna
======================================================
Manish Kumar, Aged about-42 years, Male, Son of Panna Lal, Resident of
Tekari Road, Pathar ki Mahzid, PO -Mahendru, PS -Sultanganj, District
-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner as well as
learned APP for the State through virtual modes.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 30(a) and 32(3) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation in the FIR, total 332.640 liters of
illegal foreign liquor has been recovered from the two vehicles,
i.e., Scorpio bearing registration no.BR01PB-9810 and Maruti
Suzuki Alto car bearing registration No.BR01DS-6374.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that there is no concern with the alleged recovery of
liquor and the said vehicle in question. Petitioner is in custody
Patna High Court CR. MISC. No.34782 of 2026(2) dt.21-05-2026
2/2
since 08.04.2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid submission of learned
counsel for the petitioner, let the above named petitioner 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 learned Exclusive Special Court of Excise, Patna
City in connection with PTN No.1346 of 2024 arising out of
Alamganj P.S. Case No. 669 of 2024.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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