Patna High Court
Manoj Kumar Singh @ Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions.
Summary
The petitioners, Manoj Kumar Singh, Aniket Kumar Singh and Rekha Devi, were named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended) for alleged illegal manufacture and trade of illicit liquor, with 104 litres recovered. They contended that the police relied on secret information, that the liquor was seized from a different location, and that no independent witness was present as required by Section 103(4) of the BNSS, thus they were falsely implicated. The Additional Public Prosecutor opposed their anticipatory bail, arguing the seriousness of the offence. The Court observed that the recovery did not prima facie establish possession by the petitioners and noted their clean antecedent. Consequently, the Court directed that, upon arrest or surrender within four weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the circumstances.
- Whether the seizure of liquor complied with the procedural requirements of Section 103(4) of the BNSS.
- Whether the recovery of liquor constitutes prima facie evidence of possession by the petitioners.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2022 (Amended) — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- illegal manufacturing
- Section 30(a)
- Section 103(4)
- clean antecedent
- Bihar Prohibition and Excise Act
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41831 of 2026
Arising Out of PS. Case No.-1639 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
1. Manoj Kumar Singh @ Manoj Singh S/o Devendra Singh R/o Village -
Shekhpur Dhab, P.S - Ahiyapur, District - Muzaffarpur
2. Aniket Kumar Singh @ Aniket Singh S/o Manoj Singh R/o Village -
Shekhpur Dhab, P.S - Ahiyapur, District - Muzaffarpur
3. Rekha Devi W/o Manoj Singh R/o Village - Shekhpur Dhab, P.S - Ahiyapur,
District - Muzaffarpur
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr.Chandra Shekhar Anand, Advocate
For the Opposite Party : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Ahiyapur
P.S. Case No.1639 of 2025 registered under Section 30(a)
of Bihar Prohibition and Excise Act, 2022 (Amended).
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 104 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.41831 of 2026(2) dt.30-06-2026
2/3
the petitioners that the name of these petitioners arrayed
solely on the basis of secret information received by police.
The recovery of alleged illicit liquor was made from another
place, but police showed the recovery from the house of
petitioners and the petitioners are falsely implicated in the
present case. It is also submitted that petitioner no. 2 and 3
are falsely implicated in the present case because they are
family members of petitioner no 1 It is also submitted that
recovery of illicit liquor was not made from conscious
possession of these petitioners. It is argued that the
requirement of Section 103(4) of the BNSS has not been
complied with, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. Petitioners
claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of these
Patna High Court CR. MISC. No.41831 of 2026(2) dt.30-06-2026
3/3
petitioners, who have clean antecedent, accordingly, the
petitioners, above-named, in the event of their arrest or
surrender in the court below within a period of four weeks
from today, are directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Judge, Excise Court No.- I,
Muzaffarpur, in connection with Ahiyapur P.S. Case No.1639
of 2025, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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