Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, subject to specified conditions.
Summary
Manish Kumar and Hakim Kumar were arrested in connection with the recovery of 100 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioners, claiming innocence, applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the submissions, granted regular bail to each petitioner on a bond of Rs. 10,000 with two sureties, conditioned on the donation of Rs. 25,000 to Ramakrishna Math and regular attendance at the police station on specified Sundays. The court clarified that its observations were prima facie and would not affect the trial. The bail order was issued on 22 June 2026.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the conditions imposed (charitable donation and periodic police attendance) are appropriate for bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- regular bail
- criminal procedure
- charitable donation condition
- police attendance condition
- 2026
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39692 of 2026
Arising Out of PS. Case No.-118 Year-2026 Thana- BARHARA District- Bhojpur
======================================================
1. Manish Kumar S/o Sipahi Ray R/o Village - Shaligram Singh Ke Tola, P.S -
Barahara, District - Bhojpur
2. Hakim Kumar S/o Pahalwan Yadav R/o Village - Shaligram Singh Ke Tola,
P.S - Barahara, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Barhara P.S. Case No. 118 of 2026 registered for the offence
under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of
100 liters of country made liquor.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 25.05.2026, are quite
innocent and have falsely been implicated in the present case.
He further submits that the petitioners are ready to donate Rs.
25,000/- (Rs. Twenty Five Thousand) in some charitable
Patna High Court CR. MISC. No.39692 of 2026(2) dt.22-06-2026
2/3
organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submissions advanced on behalf of the petitioners, this
application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Barhara P.S. Case No. 118 of 2026
subject to condition that:-
(I). The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Math,
Village Jharha (near Matua Pahar), Halka
Chilore, P.O. Gurua, Dist. Gayaji, Bihar
and produce the receipt of the same before
the Court below. The bail bonds of the
petitioners shall be accepted only after
verifying the genuineness of the receipt
produced by the petitioners.
(ii). The petitioners are directed to
mark their attendance at Barhara Police
Station, Bhojpur on every 1st and 3rd Sunday
of each month. Failure to do so, will result in
Patna High Court CR. MISC. No.39692 of 2026(2) dt.22-06-2026
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cancellation of bail bonds of the petitioners.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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