Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Prohibition & Excise (Amendment) Act, 2016 — s. 30(a), 47
- B.N.S.S. — s. 103, 105
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
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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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