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Patna High Court

Manjay Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedent, absence of incriminating material and the period of custody already served, bail should be granted notwithstanding the charges.

Summary

Manjay Kumar Ram was arrested in connection with the recovery of 225 litres of liquor from a motorcycle, charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was not the owner of the motorcycle, no incriminating material was found on him, and he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The court noted the petitioner’s clean antecedent, the lack of material linking him to the liquor, and the duration of his custody since 15‑12‑2025. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023, bars the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nyaya Sanhita
  • Section 103
  • clean antecedent
  • criminal procedure
  • liquor seizure
  • motorcycle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5130 of 2026
                    Arising Out of PS. Case No.-301 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Manjay Kumar Ram S/O Firan Ram @ Firaan Ram @ Kiran Ram R/O
                 Village- Chhatauni, Ward No.-09, P.S- Basopatti, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar @ Ashok Karn, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Basopatti PS Case No. 301 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act

                   and Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023. s

                           3.       The prosecution case, in short, is that 225 liters

                   liquor was recovered from motorcycle.

                           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
           Patna High Court CR. MISC. No.5130 of 2026(2) dt.29-01-2026
                                                       2/2




                     that petitioner is not the owner of the motorcycle and he has no

                     concern with the same. The petitioner is in custody since

                     15.12.2025 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 Basopatti PS Case

                     No. 301 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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