Patna High Court
Manu Kumar Yadav @ Monu KumarversusThe State of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner on a bond of Rs.10,000 with conditions, despite the alleged procedural lapses in the seizure.
Summary
Manu Kumar Yadav was arrested on 25 April 2026 in connection with the seizure of 304.200 litres of foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he was not the owner of the vehicles from which the liquor was recovered and that the seizure was conducted by Homeguard personnel without complying with Sections 103 and 105 of the Bihar Normalisation of Seizure and Seizure Act, 2023. The State opposed bail, contending that the petitioner was apprehended at the scene and has another similar case pending, though he is on bail in that matter. The High Court, after hearing both sides, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation in trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The order directed the petitioner to appear before the Special Excise Court and stipulated cancellation of bail for non‑compliance with the conditions.
Issues considered
- Whether the petitioner is entitled to bail despite alleged non‑compliance with seizure procedures under the B.N.S.S, 2023.
- Whether the alleged ownership of the seized vehicles affects the bail application.
- Whether the existence of another similar case influences the grant of bail.
Legislation cited
- Bihar Normalisation of Seizure and Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37294 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Manu Kumar Yadav @ Monu Kumar S/O Yogendra Yadav R/O Village -
Tajpur Fhulwariya, P.s- Manjhi, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Chandra Mohan Jha, learned counsel
for the petitioner and Mr. Shailendra Kumar, the learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
25.04.2026 in connection with Janta Bazar P.S. Case No. 115 of
2026, F.I.R. dated 23.04.2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Recovery is of 304.200 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that the recovery was made from the vehicles in question and
the petitioner is not the owner of the vehicles in question and he
has made accused in the present case merely on the basis of
Patna High Court CR. MISC. No. 37294 of 2026(2) dt.16-06-2026
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suspicion. It appears from the FIR itself that the seizure list
witnesses are Bihar Homeguard personnel so, there is non-
compliance of Section 103 and 105 of the B.N.S.S, 2023 and the
petitioner is in custody since 25.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended at the place of occurrence and apart from the
aforesaid, the petitioner carries one more case other than the
present one of similar nature but, fairly submits that the
petitioner is on bail in the said case, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid fact, 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 learned 3 rd Exclusive Special Excise
Court, Saran at Chapra in connection with Janta Bazar P.S. Case
No. 115 of 2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No. 37294 of 2026(2) dt.16-06-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to 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)
Nitesh/-
U T
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