Patna High Court

Manish kumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

Manish Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 135 litres of liquor. He claimed innocence, stating he was neither the owner nor driver of the vehicle and had no knowledge of the goods. The prosecution opposed bail, while the petitioner’s counsel highlighted lack of incriminating material and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding appearance and future conduct. The bail order was issued on 31‑01‑2026.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail
Whether the accused’s alleged lack of ownership or knowledge of the liquor is sufficient to merit bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Section 103
Bihar
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5327 of 2026
                    Arising Out of PS. Case No.-178 Year-2025 Thana- KATHAIYA District- Muzaffarpur
                 ======================================================
                 Manish kumar Son of Manoj singh Resident of village- Parsauni Kapoor, ps-
                 Kathaiya, Dist- Muzaffarpur
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Kathaiya P.S. Case No. 178 of 2025, instituted for the offences

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

                   Excise Act.

                                3. The prosecution case, in short, is that total 135

                   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. Learned counsel

                   further submitted that the petitioner was neither owner nor
Patna High Court CR. MISC. No.5327 of 2026(2) dt.31-01-2026
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          driver of the vehicle and he has no knowledge regarding nature

          of goods loaded on the vehicle. The local people disclosed the

          name of petitioner. The petitioner is in custody since 17.11.2025

          and has got five criminal antecedents. There is no compliance of

          Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Kathaiya P.S. Case

          No. 178 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.

                       (III) If the petitioner is found involved in similar
           Patna High Court CR. MISC. No.5327 of 2026(2) dt.31-01-2026
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                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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