Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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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