Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as there is no prima facie case establishing the petitioner's possession or involvement in the alleged illicit liquor offence.
Summary
Manish Kumar, the petitioner, was not named in the FIR relating to an alleged illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Act. The seized 95.25 litres of illicit liquor was recovered from railway lines, and the petitioner was linked to the case only because he is the registered owner of a motorcycle found near the seizure site. The petitioner argued that there was no material showing his possession, involvement, or complicity, and that the seizure list lacked independent witness support. The Additional Public Prosecutor opposed his anticipatory bail. Considering the lack of prima facie evidence and the petitioner's clean antecedent, the court directed his release on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is warranted when the petitioner is not named in the FIR and there is no material linking him to possession of the illicit liquor.
- Whether ownership of a vehicle found near the seizure site suffices to justify arrest or denial of bail.
- Whether the absence of independent witnesses in the seizure list affects the bail decision.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438
- BNSS Act
- Section 482
- clean antecedent
- seizure of liquor
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44729 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- NEORA District- Patna
======================================================
Manish Kumar, S/o Krishna Chaudhary, Resident of Village- Tata Colony
Madhopur, P.S.- Maner, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sonu Kumar, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Neora P.S.
Case No.116 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 95.25 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
the railway lines. It is further submitted that the petitioner’s
Patna High Court CR. MISC. No.44729 of 2026(2) dt.07-07-2026
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name has been surfaced in the present case solely on the
ground that he is the registered owner of the motorcycle
bearing Registration No. BR01HL-7633, which was found
parked near the railway lines, and not on the basis of any
material demonstrating his conscious possession,
involvement or complicity in the alleged offence. It is also
pointed out that seizure list appears doubtful being not
supported by independent witnesses rather than by police
personnel. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.44729 of 2026(2) dt.07-07-2026
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learned Special Excise Judge, Danapur in connection with
Neora P.S. Case No.116 of 2026, subject to the conditions
as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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