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Patna High Court

Manish Bhagat @ Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

Manish Bhagat was implicated in a case (PS Nautan, Case No.103 of 2026) for alleged possession of 72 litres of illicit country-made liquor recovered from an unregistered motorcycle. The prosecution alleged that the liquor was contraband under Section 30(a) of the Bihar Prohibition and Excise Act and highlighted the petitioner’s five prior criminal records, four of which were similar offences. The petitioner’s counsel argued that no incriminating material was found in his conscious possession and that the accusation was based merely on suspicion. The State’s counsel opposed anticipatory bail, emphasizing the nature of the offence and the petitioner’s antecedents. The Court, after considering the seriousness of the charge and the petitioner’s criminal history, refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43694 of 2026
                        Arising Out of PS. Case No.-103 Year-2026 Thana- NAUTAN District- Siwan
                 ======================================================
                 Manish Bhagat @ Manish Kumar Son of Kishundeo Bhagat Resident of
                 village - Khalwa, P.S.- Nautan, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhakar Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-07-2026                          Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in Nautan P.S. Case

                   No. 103 of 2026, registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, total 72 liters of illicit

                   country made liquor was recovered along with Motorcycle

                   bearing no registration No.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion.

                                5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.43694 of 2026(2) dt.08-07-2026
                                                       2/2




                     bail and submits that recovery has been made from motorcycle

                     and petitioner has got five criminal antecedents out of which

                     four are of similar nature.

                                  6. Considering the nature of accusation and criminal

                     antecedents of the petitioner, prayer for anticipatory bail of the

                     petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Alok/Sanjay-

U      T


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