Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Mantu Kumar was arrested on 5 May 2026 in connection with a case involving the alleged possession of 20 litres of illicit country‑made wine, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had a clean antecedent and was falsely implicated, arguing that the seizure was not from his conscious possession and that the seizure list witnesses were police officers, thereby breaching Sections 103 and 105 of the Bihar National Security and Surveillance (BNSS) Act, 2023. The Additional Public Prosecutor opposed bail. The Court examined the facts, the alleged procedural lapses, and the petitioner’s claim of innocence, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, cooperation with the trial, presence in court, and no tampering with evidence or concealment of antecedents. The order also directed that verification of antecedents should not delay the acceptance of the bail bond.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023 affects the bail application.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail.
Legislation cited
- Bihar National Security and Surveillance Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36786 of 2026
Arising Out of PS. Case No.-458 Year-2026 Thana- SONEPUR District- Saran
======================================================
Mantu Kumar Son of Late Rajendra Singh Resident of Village - Shahpur
Jaitiya, P.S.- Sonepur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Dewendra Narayan Singh , learned
counsel for the petitioner and Mr. Kanhiya Kishor, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.05.2026 in connection with Sonepur P.S. Case No.458 of
2026, F.I.R. dated 04.05.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act on
04.05.2026
3. Recovery is of 20 liters of illicit country made
wine.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.36786 of 2026(2) dt.17-06-2026
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recovered from the conscious possession of the petitioner rather
there is recovery of total 20 liters of country made wine. It
appears from the seizure list that the seizure list witnesses are
police personnel so, there is non-compliance of Section 103/105
of the BNSS, 2023. The petitioner is in custody since
05.05.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Sonepur P.S. Case No. 458 of 2026 subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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