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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Manish Kumar, a driver, was arrested on 19 May 2026 in connection with the recovery of 171 litres of foreign liquor from a vehicle and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He pleaded that he has a clean antecedent, is not the owner of the vehicle, and that the seizure list witnesses were police officers, indicating non‑compliance with Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail. The Court, noting the petitioner’s clean record, lack of possession of the seized liquor, and procedural irregularities, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release. The petition was disposed with bail granted.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
  • Whether the petitioner’s role as driver, not owner, and his clean antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • excise
  • foreign liquor
  • Bihar Prohibition and Excise Act
  • procedural lapse
  • driver
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42834 of 2026
                  Arising Out of PS. Case No.-330 Year-2026 Thana- EXCISE MASAUDHI District- Patna
                 ======================================================
                 Manish Kumar S/O Late Krishna Mohan Ray R/O Bidupur kali sthan, P.S.-
                 Bidupur, District- Vaishali

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Rai
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.05.2026 in connection with Excise Masaudhi P.S. Case No.

                   330 of 2026 for the offences punishable under Sections 30(a),

                   32(3) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 171 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. It is next submitted that from

                   perusal of the FIR and seizure list it appears that altogether 171

                   liters of foreign liquor was recovered from the vehicle in

                   question and petitioner is not the owner of the vehicle in

                   question. Learned counsel for the petitioner next submits that
Patna High Court CR. MISC. No.42834 of 2026(2) dt.06-07-2026
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          petitioner has been made an accused in the present case merely

          on the ground that petitioner is driver of the vehicle in question.

          It is next submitted that from perusal of the seizure list it

          appears that the seizure list witnesses are police personnel so

          there is non-compliance of mandatory provisions of Sections

          103 and 105 of BNSS, 2023 and petitioner is in custody since

          19.05.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and nothing has

          been recovered from the conscious possessions of the petitioner,

          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 Exclusive

          Special Excise Judge-II, Patna, District-Patna in connection

          with Masaudhi P.S. Case No. 330 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

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient
           Patna High Court CR. MISC. No.42834 of 2026(2) dt.06-07-2026
                                                       3/3




                      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)
Gaurav Sinha/-

U      T


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