Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted in the present case as the petitioner lacks direct incriminating evidence and the custody period is excessive, subject to standard bail conditions.
Summary
Manish Kumar was arrested after 200 litres of country‑made liquor were seized from a vehicle, and he was charged under Sections 30(a), 32(3) and 33 of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was neither the owner nor the driver and that no incriminating material was found on his person, though he had one prior criminal antecedent. The State opposed bail, while the petitioner’s counsel argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The Patna High Court, after considering the facts, the length of custody since 9 December 2025, and the lack of direct evidence, granted bail subject to a cash bond of Rs 15,000 with two sureties and conditions regarding court appearances and future offences. The order released the petitioner on bail with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences given the circumstances of arrest and lack of incriminating material.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- excise
- liquor seizure
- Section 103 Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3814 of 2026
Arising Out of PS. Case No.-2036 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Manish Kumar Son of Umesh Sahani @ Amesh Sahni Resident of Village-
Dakrama, P.S.- Hathauri, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 2036 of 2025, instituted for the offences
punishable under Sections 30(a), 32(3) and 33 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 200
liters of country made liquor was recovered from Auto.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
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further submitted that the petitioner was neither owner nor
driver of the vehicle. The petitioner is in custody since
09.12.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
2036 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
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nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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