Patna High Court
Manish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, in view of the lack of incriminating evidence, the petitioners' clean antecedents and the failure to comply with Section 103, bail must be granted.
Summary
Manish Kumar Singh and Mithun Kumar, the driver and co‑driver of a vehicle, were arrested after 135 litres of liquor were recovered from the vehicle in a case under the Bihar Prohibition and Excise Act. The petitioners contended that they were falsely implicated, that no incriminating article was found on them, and that they have no prior criminal record. They also argued that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail application. Considering the lack of direct evidence, the petitioners’ clean record, and the procedural lapse, the Court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioners are entitled to bail despite the seizure of liquor from the vehicle.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the absence of incriminating material on the petitioners justifies granting bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- false implication
- driver
- liquor seizure
- Section 30
- Section 32
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4246 of 2026
Arising Out of PS. Case No.-1074 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
1. Manish Kumar Singh S/O Braj Kishor Singh R/O Vill.- Tamaut Parsa, ward
no.- 05, Thana- Murliganj, District- Madhepura
2. Mithun Kumar Son of-Surendra Rai Resident of village- Bhatkhora Ward
no. 04, P.S. Murliganj , District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Madya
Nisedh P.S. Case No. 1074 of 2025, giving rise to Special Case
No. 1092 of 2025 instituted for the offences punishable under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 135 litres
of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.4246 of 2026(2) dt.27-01-2026
2/2
possession of the petitioners. The petitioner no. 1 is the driver
and the petitioner no. 2 is the co-driver of the said vehicle and
they have no knowledge regarding the goods loaded in the
vehicle. The petitioners are in custody since 22.12.2025 and has
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madya Nisedh P.S.
Case No. 1074 of 2025, giving rise to Special Case No. 1092 of
2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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