Patna High Court
Manish Kumar @ BhutanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
Manish Kumar and Vinod Baitha were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing 27.735 litres of illicit liquor at a premises owned by co‑accused Baldev Prasad. They applied for anticipatory bail, contending they were not arrested at the scene, the recovery was from the co‑accused’s land, and the identification by a hostile chowkidar was false, also alleging non‑compliance with procedural provisions of Sections 103 and 105 of the Bhartiya Nagrik Suraksha Sanhita. The State opposed the bail. After hearing both sides, the Court considered the material evidence and the nature of the alleged offence and ordered that, upon arrest or surrender within six weeks, the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Sections 103 and 105 of the Bhartiya Nagrik Suraksha Sanhita were complied with in the investigation.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35130 of 2026
Arising Out of PS. Case No.-261 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
1. Manish Kumar @ Bhutan S/o Sukat Sah R/o vill - ward no. 1, Shrivastwa
Colony, P.S.- Shikarpur, Distt.- West Champaran
2. Vinod Baitha @ Vinod Kumar S/o Mithlesh Baitha R/o vill - ward no. 1,
Shrivastwa Colony, P.S.- Shikarpur, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Shikarpur P.S. Case No. 261 of 2026 dated 03.03.2026,
registered for the offences punishable under Sections 30(a)
Bihar Prohibition and Excise Act.
3. As per the allegation, 27.735 litres of illicit
liquor was recovered from the place owned by co-accused
Baldev Prasad. It has been alleged that petitioners had kept
illicit liquor at that place. It has further been alleged that local
chowkidar identified the petitioners to be one of the persons,
Patna High Court CR. MISC. No.35130 of 2026(2) dt.21-05-2026
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who fled away from the place of occurrence.
4. Learned counsel for the petitioners has submitted
that petitioners were not arrested at the spot. It has further been
submitted that the alleged recoveries have been made from the
land owned by co-accused Baldev Prasad. It has further been
submitted that the local chowkidar, who is on an inimical terms
has falsely named the petitioners. It has further been submitted
that procedure prescribed under Sections 103 and 105 B.N.S.S.
has not been followed. It has lastly been submitted that
petitioner no.1 is accused in one another case of similar nature
in which he is on bail while petitioner no.2 has got no criminal
antecedent.
5. Learned counsel for the State has opposed the
prayer of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances and nature
of material against the petitioners, let the petitioners above
named, in the event of their arrest/surrender within six weeks
from today in the Court below, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Bettiah,
West Champaran in connection with Shikarpur P.S. Case No.
Patna High Court CR. MISC. No.35130 of 2026(2) dt.21-05-2026
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261 of 2026, subject to the conditions as laid down under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
shivam/-
U T
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