Patna High Court
Manish Kumar @ Manish YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Manish Kumar was arrested in connection with the seizure of 148.23 litres of foreign liquor alleged to be in his courtyard, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his possession, that the police failed to comply with Section 105 of the BNSS while preparing the seizure list, and that he had no prior criminal record, having been in judicial custody since 3 May 2026. The State opposed the grant of regular bail. After hearing both sides, the Court found merit in the petitioner's arguments, particularly the procedural irregularities and lack of antecedents, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was to be satisfied to the Exclusive Special Excise Judge‑II, Begusarai.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants bail.
- Whether the petitioner’s lack of criminal antecedents and period of custody justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- excise law
- foreign liquor
- procedural lapse
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40198 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- Excise P.S. District- Begusarai
======================================================
Manish Kumar @ Manish Yadav Son of Baidyanath Yadav @ Baidnath yadav
Resident of Village -Bari Ballia PS -Ballia District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether
148.230 liters of foreign liquor was recovered from the lane
situated in the courtyard of this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and police has not
complied Section 105 of BNSS while preparing seizure list. A
Patna High Court CR. MISC. No.40198 of 2026(2) dt.30-06-2026
2/2
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 03.05.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Begusarai Excise P.S. Case No. 190 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-II, Begusarai.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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