Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 34, 36
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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