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Patna High Court

Mantu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

The petitioner, Mantu Kumar, was arrested in connection with the seizure of 800 litres of spirit from a Bolero pickup vehicle. He claimed he was neither the driver nor the owner of the vehicle and that no incriminating article was found in his possession. The petition argued that the seizure violated mandatory procedural provisions and that he had no prior criminal record, having been in custody since March 18, 2026. The State opposed bail. Considering the alleged procedural lapses in the seizure and the petitioner's clean antecedents, the Court ordered that he be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged violation of mandatory seizure provisions under the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the petitioner’s lack of ownership or control over the vehicle and absence of personal possession of the seized spirit justify bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure procedure
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35816 of 2026
                      Arising Out of PS. Case No.-30 Year-2026 Thana- FESHAR District- Aurangabad
                 ======================================================
                 Mantu Kumar Son of Pramod Singh Resident of Village- Charan Mahuari,
                 P.S.- Narari Kala Khurd, District- Aurangabad (Bihar), Pin- 824112

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State, through virtual mode.

                                2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Feshar P.S. Case No. 30 of 2026,

                   registered under Sections 30(a), 34 and 36 of the Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                3. There is a recovery of 800 litres of Spirit from a

                   Bolero pickup vehicle bearing Registration No. BR06G8807.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is neither the driver nor the owner of the said vehicle.

                   He had taken lift from the driver of the vehicle. No

                   incriminating article has been recovered from his physical or

                   conscious possession. Further, there is no independent witness

                   to the seizure list indicating violation of mandatory provisions
            Patna High Court CR. MISC. No.35816 of 2026(2) dt.08-06-2026
                                                        2/2




                      of search and seizure. The petitioner has no criminal antecedent

                      and he is in custody since 18.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering violation of

                      mandatory provisions of seizure and that he has no criminal

                      antecedent, the petitioner is directed to be enlarged on bail in

                      connection with Feshar P.S. Case No. 30 of 2026, on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Court concerned where the case is pending/successor Court.


                                                (Soni Shrivastava, J)

Harsh/-
U       T


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