Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the accused had no direct knowledge or possession of the illicit liquor and possessed a clean antecedent.
Summary
Manish Kumar was arrested in connection with an excise case alleging possession of 245.880 liters of illicit liquor, under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed he was merely the driver, unaware of the contraband, and asserted his innocence, lack of incriminating material, clean criminal record, and that Section 103 of the BNSS, 2023 had not been complied with. The State opposed bail, arguing the seriousness of the offence. The Court, noting the petitioner’s clean antecedent, short period of custody, and lack of direct involvement, decided to grant bail. He was released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in the absence of direct possession of liquor
- Whether non‑compliance with Section 103 of the BNSS, 2023, bars bail
Subjects
- bail
- excise offence
- illicit liquor
- clean antecedent
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4620 of 2026
Arising Out of PS. Case No.-1544 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Manish Kumar Son of Shyam Prasad Resident of Village- Sonagopalpur, P.S.-
Sampatchak, Dist.- Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
PS Case No. 1544 of 2025 instituted for the offences under
Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 245.880 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.4620 of 2026(2) dt.27-01-2026
2/2
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 18.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Case No.
1544 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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