Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
Manish Kumar was arrested in Sasaram, Rohtas for possession of 371.36 litres of illicit foreign liquor, alleged to be an offence under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He applied for regular bail, claiming innocence, a clean criminal record and offering to donate Rs.25,000 to a charitable organization. The State opposed the bail on the ground of the seriousness of the offence. The Court, after considering the facts and the petitioner's submissions, allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to verification of his clean antecedent, a donation of Rs.25,000 to Ramakrishna Math, and mandatory attendance at the police station on the first and third Sundays of each month. Non‑compliance with any condition would result in cancellation of the bail.
Issues considered
- Whether regular bail should be granted in a case under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the Court may impose conditions such as a charitable donation and periodic police‑station attendance as part of bail.
- Whether verification of the petitioner’s clean antecedent is a prerequisite for accepting bail bonds.
Legislation cited
Subjects
- bail
- regular bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46587 of 2026
Arising Out of PS. Case No.-370 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
Manish Kumar S/o Sanjay Kumar Gupta R/o Karan Sarai, ward no. 23, P.S.-
Sasaram town, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in a case registered
for the offence under section 30(a) of the Bihar Prohibition &
Excise (Amendment) Act, 2022.
3. The recovery is of 371.36 litres of illicit foreign
liquor from a shop.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 21.05.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.46587 of 2026(2) dt.09-07-2026
2/3
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of concerned Court below, in connection with
Sasaram Town P.S. Case No. 370 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Gayaji and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
Patna High Court CR. MISC. No.46587 of 2026(2) dt.09-07-2026
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11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Sasaram Town Police Station, District- Rohtas on first and third
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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