Patna High Court
Manoj KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
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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