Patna High Court
Manoranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41(i)
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
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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
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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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