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Patna High Court

Manish Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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