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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to both petitioners.

Summary

Manish Kumar and Nitish Kumar were arrested in connection with the seizure of 75.360 litres of foreign illicit liquor from a vehicle, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition & Excise Amendment Act, 2016. They applied for regular bail, contending that the driver was unaware of the contraband, that procedural requirements under Sections 103/105 of the B.N.S.S. were not complied with, and that one petitioner had no prior criminal record while the other was already on bail in a similar case. The State opposed the bail application. After hearing both sides and reviewing the records, the Court considered the facts, the length of custody since 10 May 2026, and the lack of serious antecedents, and ordered that each petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties each, subject to the satisfaction of the Exclusive Special Judge (Excise‑02), Purnea. The application for bail was therefore allowed.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 30(a) and 47 of the Bihar Prohibition & Excise Amendment Act, 2016 considering the nature of the offence, custody period, and alleged procedural lapses.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Amendment Act
  • Section 30(a)
  • Section 47
  • regular bail
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39173 of 2026
                        Arising Out of PS. Case No.-284 Year-2026 Thana- Excise P.S. District- Purnia
                 ======================================================
           1.     Manish Kumar Son of Manoj Swarnakar Resident of Village - Gerabari,
                  P.S.- Karha, Dist.- Katihar.
           2.     Nitish Kumar Son of Dinesh Ram Resident of Village - Gummi, P.S.-
                  Singeshwar, Dist.- Madhepura
                                                                      ... ... Petitioners
                                               Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. Pushpendra Kumar Singh, Advocate.
                                                     Ms. Divya Bharti, Advocate.
                 For the Opposite Party/s :          Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Excise Sadar P.S. Case

                   No. 284 of 2026 dated 10.05.2026, registered for the offences

                   punishable under Sections 30(a) and 47 of Bihar Prohibition &

                   Excise Amendment Act 2016.

                                 3. As per the prosecution case, 75.360 liters of foreign

                   illicit liquor has been recovered from a vehicle. It has been

                   alleged that the petitioner No.1 was driving that vehicle and

                   petitioner No.2, Nitish Kumar, was sitting on the passenger seat.

                                 4. Learned counsel for the petitioners has submitted

                   that the petitioner No.1 is the driver of the vehicle from which

                   the alleged recovery has been made while the petitioner No.2
           Patna High Court CR. MISC. No.39173 of 2026(2) dt.17-06-2026
                                                       2/2




                     was a gratuitous passenger. It has further been submitted that the

                     petitioners were not aware that the consignment contained illicit

                     foreign liquor. It has further been submitted that procedure

                     prescribed under Sections 103/105 of the B.N.S.S. has not been

                     followed. It has further been submitted that the petitioner No.1

                     is accused in one another case of similar nature, but is on bail in

                     that case, whereas petitioner No.2 has got no criminal

                     antecedents. It has lastly been submitted that the petitioners are

                     in custody since 10.05.2026.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Heard the parties and perused the records.

                                  7. Considering the facts and circumstances of the case

                     as well as the period of custody, the petitioners above-named are

                     directed to be enlarged on bail on furnishing bail-bond of

                     Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                     the like amount each to the satisfaction of learned Exclusive

                     Special Judge (Excise-02), Purnea, in connection with Excise

                     Sadar P.S. Case No. 284 of 2026.

                                  8. The application stands allowed.


                                                (Praveen Kumar, J)
Pawan/-
U      T


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