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Patna High Court

Manoranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the petitioner has a clean antecedent and no evidence of conscious possession, and ordered his release on bail with conditions.

Summary

Manoranjan Kumar was arrested on 8 April 2026 in connection with a case involving the seizure of 564.75 litres of illegal foreign liquor. He was charged under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that he has a clean antecedent, was not in conscious possession of the liquor, and was implicated solely on the basis of a co‑accused’s statement. The Additional Public Prosecutor opposed bail. The court, noting the lack of material recovered from the petitioner and his clean record, granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was directed to be implemented by the District & Additional Sessions Judge‑V‑cum‑Special Judge Excise, Nalanda.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2018 given the facts of the case.
  • Whether the testimony of an apprehended co‑accused alone is sufficient to justify continued detention.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illegal liquor
  • Section 30
  • Section 41
  • clean antecedent
  • co‑accused testimony
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43331 of 2026
                         Arising Out of PS. Case No.-32 Year-2026 Thana- BIND District- Nalanda
                 ======================================================
                 Manoranjan Kumar Son of Parmanand Prasad @ Parmanand Singh Resident
                 of Village- Sonsa, P.S.- Rahui, Distt.- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                        Heard Mr. Ashok Kumar Jha, learned counsel for

                   the petitioner and Mr. Rajesh Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.04.2026 in connection with Bind P.S. Case No. 32 of 2026,

                   F.I.R. dated 10.03.2026 for the offences punishable under

                   Section 30(a), 41(i) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 564.750 liters of illegal foreign

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.43331 of 2026(2) dt.07-07-2026
                                            2/3




          recovered from the conscious possession of the petitioner rather

          the recovery has been made from pick-up van in question and

          the petitioner has been made accused merely on the basis of

          disclosure made by apprehended co-accused person, namely,

          Amarjeet Kumar and petitioner is neither owner nor driver of

          the pick-up van in question and except the disclosure made by

          apprehended co-accused person, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 08.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and nothing has been recovered

          from the conscious possession of the petitioner and he has been

          made accused merely on the basis of disclosure made by

          apprehended co-accused person, 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 District & Additional Sessions Judge-

          V-cum-Special Judge Excise, Nalanda, Bihar Sharif in
            Patna High Court CR. MISC. No.43331 of 2026(2) dt.07-07-2026
                                                        3/3




                      connection with Bind P.S. Case No. 32 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

                       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)
Suruchi/-

U      T


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