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Patna High Court

Mantosh Kumar @ Mantosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Mantosh Kumar, was arrested in connection with a case involving 120 litres of illicit country-made liquor recovered from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, being merely the owner of the vehicle and having no knowledge of the contraband, and that no incriminating article was found in his possession. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court considered the facts, the petitioner’s custody period since 11‑12‑2025, and his three prior criminal antecedents. Concluding that the circumstances did not warrant continued detention, the court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s status as vehicle owner without knowledge of the contraband justifies continued custody.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is a ground to deny bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Section 30(a)
  • Section 103
  • criminal procedure
  • vehicle ownership
  • presumption of guilt

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4635 of 2026
                       Arising Out of PS. Case No.-873 Year-2025 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Mantosh Kumar @ Mantosh Yadav S/O Dwarika Yadav R/O Village-
                 Baribag, Police Station- Khaira, District- Jamui.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with JAM

                   (Jamui) P.S. Case No. 873 of 2025 instituted for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 120 litres

                   of illicit country-made liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. The apprehended person disclosed

                   the name of the petitioner. Learned counsel further submitted

                   that the name of the petitioner has transpired in this case merely

                   as being the owner of the vehicle in question and he had no
             Patna High Court CR. MISC. No.4635 of 2026(2) dt.28-01-2026
                                                         2/2



                       knowledge regarding the goods loaded in the vehicle. The

                       petitioner is in custody since 11.12.2025 and has three criminal

                       antecedents. There is no compliance of Section 103 of the

                       Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP 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 as also 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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with JAM (Jamui) P.S.

                       Case No. 873 of 2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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