Patna High Court
Manish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Ownership of the vehicle without proof of conscious possession does not constitute a prima facie case, so anticipatory bail was granted.
Summary
Manish Kumar Singh was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged illegal manufacture and trade of illicit liquor, with 27 litres recovered from a bike he owned. The petitioner argued that ownership of the vehicle did not prove his conscious possession or involvement in the offence and that the seizure list lacked independent witness support. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery of liquor did not prima facie establish the petitioner's possession and therefore granted anticipatory bail, directing release on 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. The order also stipulated surrender within four weeks if arrested. Consequently, the petitioner was released on bail pending further proceedings.
Issues considered
- Whether mere ownership of a vehicle from which illicit liquor is recovered is sufficient to deny anticipatory bail.
- Whether the seizure of liquor establishes a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions of Section 438(2) CrPC and Section 482(2) BNSS are applicable for granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- prohibition act
- vehicle ownership
- prima facie case
- Section 30(a)
- CrPC 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44760 of 2026
Arising Out of PS. Case No.-194 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Manish Kumar Singh, Son of Raj Bansh Singh, Resident of Village - Bahuara,
P.S. - Chand, District - Kaimur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, 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 named in the FIR and
apprehending his arrest in connection with Durgawati P.S.
Case No.194 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 27 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
a Bike bearing Registration No. BR45L-5812. It is further
Patna High Court CR. MISC. No.44760 of 2026(2) dt.07-07-2026
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submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, 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 has one criminal antecedent, in
which, he is on bail.
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, 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 learned Special Judge Excise-II, Kaimur at
Patna High Court CR. MISC. No.44760 of 2026(2) dt.07-07-2026
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Bhabua in connection with Durgawati P.S. Case No.194 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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