Patna High Court

ManojversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, Manoj and Kanha, were arrested in connection with an Excise case (No. 856 of 2025) for alleged offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, after 264 litres of foreign liquor was seized from a vehicle. They contended that they were merely passengers, unaware of the illicit liquor, and that no incriminating material was found on them; they also highlighted the absence of any criminal antecedents and the non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offences. Considering the facts, the period of custody since 9 December 2025, and the petitioners’ claim of innocence, the Court inclined to grant bail. The Court ordered release on bail bonds of Rs 15,000 each with two sureties, imposing conditions such as a family member as a bailor and mandatory appearance at every trial date, with cancellation possible on default.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
Whether the lack of incriminating material and non‑compliance of Section 103 of the BNSS, 2023, justify bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
illegal liquor
Bihar Prohibition and Excise Act
Section 103 BNSS
criminal procedure
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6600 of 2026
                       Arising Out of PS. Case No.-856 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
           1.     Manoj Son of Virendra Kumar @ Virendra R/o Village - Gujrani, P.S. -
                  Gujrani Chowk, Dist. - Bhiwani Hariyana.
           2.    Kanha Son of Sunil Banzara R/o Village - Padawa, P.S. - Baldewa, Dist. -
                 Kahalgaon M.P.


                                                                                     ... ... Petitioner/s
                                                         Versus


                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinod Pandey, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Excise

                   PS Siwan Case No. 856 of 2025 instituted for the offences under

                   Sections 30(a) & 47 of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 264 liters

                   foreign liquor was recovered from car.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.6600 of 2026(2) dt.02-02-2026
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          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. It is

          submitted that names of the petitioners have surfaced in this

          case as being passengers of the vehicle in question and they

          were oblivious of the fact that illicit liquor was laden in the

          vehicle. The petitioners are in custody since 09.12.2025 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 petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Excise PS Siwan

          Case No. 856 of 2025, subject to the following conditions:

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

          family of the petitioner No.1.

                  (II) The petitioner No.1 shall appear on each and every

          date fixed at the trial. In case of default in such appearance on
           Patna High Court CR. MISC. No.6600 of 2026(2) dt.02-02-2026
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                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioner No.1.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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