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Patna High Court

Manoj KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

Manoj Kumar was arrested in connection with the seizure of 1,737 litres of illicit liquor and charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, lack of any criminal antecedent and willingness to donate Rs.25,000 to a charitable organization. The State opposed the bail application. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties of equal amount, deposit Rs.25,000 with the Ramakrishna Mission Ashram, and attend the Dulhin Bazar Police Station every Sunday. The Court also directed verification of the petitioner’s antecedent before accepting the bail bonds and clarified that the order is limited to the bail application and does not prejudice the trial.

Issues considered

  • Whether bail should be granted to the accused in an excise case involving illicit liquor seizure
  • What conditions, if any, are appropriate for granting bail in such circumstances

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • surety
  • charitable donation
  • police attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39719 of 2026
                       Arising Out of PS. Case No.-2708 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Manoj Kumar S/o Satendra Yadav Resident of Village -Bharatpur Pansari
                 ,Ward no -08, P.S -Dulhin Bazar, Dist -Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State Of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Anish Kumar
                 For the Opposite Party/s :         Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 2708 of 2026 registered for the offence under

                   Sections 30(a), 41, 56(b) of the Bihar Prohibition and Excise

                   Act.

                                 3. The recovery is of 1737 liters of illicit liquor from

                   a parcel van.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 30.04.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt. He further submits that

                   the petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.39719 of 2026(3) dt.23-06-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Excise P.S. Case No. 2708 of

          2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Nala Road, Patna and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Dulhin Bazar Police Station on every Sunday of each month.

          Any default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of
          Patna High Court CR. MISC. No.39719 of 2026(3) dt.23-06-2026
                                                      3/3




                    the petitioner is directed to verify the antecedent of the

                    petitioner. If the petitioner is found to be involved in any other

                    case then the bail bonds of the petitioner shall not be accepted.

                                 11. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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