Patna High Court

Manoj KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and surety conditions.

Summary

Manoj Kumar, a driver of an e‑rickshaw, was arrested in connection with the seizure of 181.35 litres of illicit liquor from his vehicle and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership or knowledge of the liquor, and that no incriminating article was found in his possession. The petitioner also highlighted the absence of any criminal antecedent and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the circumstances and the period of custody, decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act given the facts of false implication and lack of possession.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
false implication
possession
Section 103
Bharatiya Nagarika Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4739 of 2026
                      Arising Out of PS. Case No.-641 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Manoj Kumar S/O Manikant Jha Resident of Village - Nausada, P.S. -
                 Gorakhpur, District - Gorakhpur, Uttar Pradesh
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, 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 Kateya

                   P.S. Case No. 641 of 2025 instituted for the offences punishable

                   under Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 181.35

                   litres of illicit liquor was recovered from e-ricksaw and

                   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. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further

                   submitted that petitioner is the driver of e-ricksaw in question
             Patna High Court CR. MISC. No.4739 of 2026(2) dt.28-01-2026
                                                         2/2


                       but he had no knowledge regarding the goods loaded in the

                       vehicle. The petitioner is in custody since 21.11.2025 and has no

                       criminal antecedent. 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 Kateya P.S. Case No.

                       641 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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