Patna High Court
Manu Prasad @ Mannu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, granting bail with conditions.
Summary
Manu Prasad applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging recovery of 36 litres of illicit liquor. The petitioner claimed innocence, clean antecedents, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., including the charitable donation, monthly police station attendance, and verification of antecedents. The court clarified that its observations were prima facie and not to influence the trial. The bail was thus granted with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the conditions imposed, including a charitable donation and periodic police attendance, are permissible under law.
- Whether verification of the petitioner’s criminal antecedents can be a condition for bail without causing undue delay.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- charitable donation condition
- police attendance condition
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41285 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- Excise Dumraon District- Buxar
======================================================
Manu Prasad @ Mannu Prasad Son of Birendra Prasad Resident of Village-
Noniyapura, P.S.- Krishnabaram,District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swarnima, Adv.
For the Opposite Party/s : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Excise Dumraon P.S. Case No. 33 of 2026, registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per the prosecution case, there is a recovery of
36 litres of illicit liquor from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 01.05.2026 and claims clean
antecedent. The petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand Only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
Patna High Court CR. MISC. No.41285 of 2026(2) dt.24-06-2026
2/3
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise Dumraon
P.S. Case No. 33 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. with further conditions
that:-
(i) The petitioner shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) with
Ramakrishna Math, Village Jharha
(near Matua Pahar), Halka Chilore,
P.O. Gurua, Dist. Gayaji, Bihar
824205 and shall produce a valid
receipt thereof before the court below.
The bail bonds shall be accepted only
after verification of the genuineness of
the said receipt.
(ii) The petitioner shall
mark his attendance at Krishnabaram
Police Station on every Sunday of
each month. In the event of default,
the bail bonds shall be liable to be
cancelled.
(iii) At the time of
Patna High Court CR. MISC. No.41285 of 2026(2) dt.24-06-2026
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acceptance of bail bonds, the court
below shall verify the antecedents of
the petitioner. The bail bonds shall be
accepted only upon confirmation that
the petitioner has no criminal
antecedent. However, such verification
shall not be used as a ground to
unnecessarily delay acceptance of the
bail bonds.
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)
sadique/-
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