Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the recovery of illicit liquor was not made from his physical possession.
Summary
Manoj Kumar was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 34.56 litres of IMFL recovered from a vehicle parked outside a third party's house. The petitioner argued that the liquor was not in his conscious physical possession, as the car had been given to the driver Deepak Kumar. The prosecution opposed bail. The court considered that the recovery was not directly linked to the petitioner's possession and, under Section 482(2) of the BNSS, directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, provided he surrenders within four weeks. The bail order was conditioned on compliance with the exclusive Special Excise Court in Muzaffarpur where the case is pending.
Issues considered
- Whether bail should be granted when illicit liquor is recovered from a vehicle not in the petitioner's conscious possession
- Applicability of Section 482(2) of the BNSS in granting bail in excise cases
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 30
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45960 of 2026
Arising Out of PS. Case No.-170 Year-2026 Thana- SAKRA District- Muzaffarpur
======================================================
Manoj Kumar S/o Yogendra Ray Resident of Village - Manika Harikesh, P.S.-
Mushahari, District - Muzaffarpur (Owner of ATS Car Reg. No. BR06BG
9997 ke Malik)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sakra P.S. Case No.
170 of 2026 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 34.56 litres of IMFL.
4.Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made
from vehicles which were parked outside the house of one
Deepak Kumar. It is submitted that Etios Liva car of petitioner
bearing registration no. BRO6BG9997 was also parked there
carrying total of 34.56 lt of foreign liquor. It is further
Patna High Court CR. MISC. No.45960 of 2026(2) dt.10-07-2026
2/2
submitted that petitioner has given his car to one Deepak
Kumar who is the driver of the car. It is submitted that
recovery is not made from conscious physical possession of the
petitioner, who is a man of clean antecedent.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-
facie not appears to be made from the physical possession of
the petitioner, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Spl. Excise court I, Muzaffarpur
/concerned Court, where the case is pending in connection with
Sakra P.S. Case No. 170 of 2026, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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