Patna High Court
Manoj Purve @ Manoj PurweversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner, subject to the conditions imposed under Section 480(3) of the BNSS.
Summary
Manoj Purve, the owner of a vehicle, was implicated in Excise P.S. Case No. 49 of 2020 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 after 355.5 litres of illicit country‑made liquor were recovered from his auto during a police check. The petitioner contended that the driver, Noor Alam, was renting the vehicle and that he had no knowledge of the liquor transport, asserting that no incriminating material was found on him and that he surrendered voluntarily. The State opposed bail, arguing that the petitioner surrendered only after the court invoked Sections 82 and 83 of the CrPC. The court, noting the petitioner’s clean antecedents, lack of personal recovery, and the circumstances of the arrest, granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the BNSS and other standard bail terms. The order directed the petitioner to appear as required and stipulated cancellation of bail upon non‑compliance.
Issues considered
- Whether bail should be granted to the owner of a vehicle alleged to be used for transporting illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s surrender after the invocation of Sections 82 and 83 of the CrPC bars the grant of bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 480(3)
- Code of Criminal Procedure (CrPC) — s. 82, 83
Subjects
- bail
- excise offence
- illicit liquor
- vehicle owner liability
- Section 30(a)
- Bihar Prohibition and Excise Act
- CrPC Sections 82 and 83
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42899 of 2026
Arising Out of PS. Case No.-49 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Darbhanga
======================================================
Manoj Purve @ Manoj Purwe S/o Shree Dashrath Purve R/o Village - Chak
Mahsi, P.O - Chak Mahsi, P.S - Kalyanpur, District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikas Kumar Jha, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP. for the State.
2. In the present case, the petitioner seeks bail in
connection with Excise P.S. Case No. 49 of 2020, registered for
the offences under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. As per the prosecution case, during checking of
vehicles, one auto driver started fleeing away on seeing the
checking parties who was apprehended and from search of the
auto, recovery of 355.500 litres of country made liquor was
made. Petitioner is stated to be the owner of the vehicle.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
Patna High Court CR. MISC. No.42899 of 2026(2) dt.01-07-2026
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falsely implicated in this case. Learned counsel further submits
that nothing incriminating has been recovered from person or
possession of the petitioner. It is apparent from the FIR that it
was the driver who has been transporting the illicit liquor but
tried to run away on seeing the raiding party. The petitioner has
given the vehicle to the coaccused driver Noor Alam on fixed
monthly rental to ply and petitioner has no knowledge or reason
to believe that his vehicle was being used for transportation of
illicit liquor. The petitioner surrendered before the Court on
05.05.2025.
5. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the petitioner surrendered after process under
Section 82 and 83 of the CrPC were resorted to.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that petitioner was not apprehended from the spot and no
recovery has been shown from him and further considering his
clean antecedent and period of custody, the petitioner is directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Special Judge-
Patna High Court CR. MISC. No.42899 of 2026(2) dt.01-07-2026
3/3
I(Excise Act), Darbhanga/concerned court, in connection with
Excise P.S. Case No. 49 of 2020, subject to the condition laid
down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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