Patna High Court
Manoj BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Manoj Bhagat was arrested on 15 May 2026 in connection with a case alleging possession of 5 litres of illicit country-made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022. The petitioner contended that the liquor was seized from his motorcycle and that he had no conscious possession, also pointing out that the seizure list witnesses were home‑guard personnel, allegedly violating Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing three prior criminal antecedents, though noting the petitioner was already on bail in other matters. The court examined the facts, the alleged procedural lapse, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023, affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amended) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition act
- procedural irregularity
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40818 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- PANAPUR District- Saran
======================================================
Manoj Bhagat S/o Late Jadulal Bhagat R/O village- Bhoraha, P.S-Panapur,
Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Sanjeet Kumar Singh, learned counsel for
the petitioner and Mr. Mithlesh Kumar Khare, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.05.2026 in connection with Panapur P.S. Case No. 163 of
2026, F.I.R. dated 23.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amended Act,
2022.
3. Recovery is of 05 liters of illicit country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.40818 of 2026(2) dt.30-06-2026
2/3
conscious possession of the petitioner rather the recovery of 05
liters of illicit liquor has been made from the motorcycle in
question and petitioner is the owner of the said motorcycle. He
further submits that the petitioner has no concern at all from the
recovery of the illicit liquor. It appears from the seizure list that
seizure list witnesses are home guard personnel, so there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 15.05.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries three criminal antecedents
other than the present one but fairly submits that he is on bail in
the pending matters.
6. Considering the aforesaid facts and circumstance,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned 2nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Panapur P.S. Case No. 163 of 2026 subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.40818 of 2026(2) dt.30-06-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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