Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS, 2023 — s. 103, 105
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
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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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