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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties under Section 482(2) of the BNSS.

Summary

Manish Kumar was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 200 litres of liquor recovered in a police case. The petitioner argued that his name was only disclosed by a co‑accused and that there was no evidence of his conscious physical possession of the liquor, also asserting a clean antecedent. The State opposed bail, contending the seriousness of the offence. The court examined the factual submissions and noted the lack of direct possession evidence, concluding that the petitioner could be released on bail. Accordingly, bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR for an offence under Section 30(a) of the Excise Act
  • Whether the lack of direct physical possession and reliance on co‑accused disclosure negates the grounds for denying bail

Legislation cited

  • Bihar Non‑Commercial Sale of Spirits Act — s. 482(2)
  • Excise Act — s. 30(a)

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30
  • physical possession
  • co‑accused disclosure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38736 of 2026
                    Arising Out of PS. Case No.-81 Year-2026 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Manish Kumar Son of Lalu Rai @ Lalbabu Rai Resident of Village- Terasiya,
                 P.S.- Ganga Bridge, District- Vaishali.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vasant Vikas, Adv.
                                                  Mr. Dhaneshwar Dubey, Adv.
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   18-06-2026                      Heard the parties

                                 2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Ganga Bridge P.S.

                   Case No. 81 of 2026 registered for the offences punishable

                   under Section 30(a) of the Excise Act.

                                 3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 200 litres of IMFL/country made liquor

                                 4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the name of this petitioner

                   transpired on the basis of disclosure made by apprehended co-

                   accused person and except suspicion arising out of disclosure

                   prima-facie nothing appears against this petitioner as to

                   involve in present recovery of illicit liquor. Learned counsel
            Patna High Court CR. MISC. No.38736 of 2026(2) dt.18-06-2026
                                                        2/2




                      appearing on behalf of the petitioner submitted that recovery

                      of alleged illicit liquor was not made from the conscious

                      physical possession of the petitioner. Petitioner claimed clean

                      antecedent.

                                   5. Learned APP, opposes the prayer of bail.

                                   6. In view of aforesaid factual submission and by

                      taking note of fact as recovery of alleged illicit liquor prima-

                      facie not appears to be made from the conscious physical

                      possession of the petitioner, accordingly petitioner above-

                      named, in the event of his arrest or surrender before the court

                      below within a period of four weeks, is directed to be released

                      on bail,     furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Spl. Excise court no. 1

                      cum District Addl. Sessions Judge, Vaishali at Hajipur

                      /concerned Court, where the case is pending in connection with

                      Ganga Bridge P.S. Case No. 81 of 2026, subject to the

                      conditions as laid down under Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-
U       T


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