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Patna High Court

Manoj Purve @ Manoj PurweversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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