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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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/-

U        T


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