Patna High Court
Mantosh Kumar @ Mantosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to monetary sureties and standard conditions.
Summary
Mantosh Kumar was arrested as a pillion rider when 105 litres of illicit country-made liquor were seized from a motorcycle. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and has been in custody since 4 December 2025, despite claiming he had no ownership or knowledge of the vehicle or the liquor. The petitioner argued that no incriminating material was found on him and that he was falsely implicated, while the State opposed bail. The Court noted the lack of possession, the petitioner’s three prior criminal antecedents, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but still found the circumstances sufficient to grant bail. Accordingly, the Court ordered his release on bail of Rs. 15,000 with two sureties and imposed standard conditions for appearance and non‑interference with evidence.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the accused’s status as a pillion rider and lack of ownership of the motorcycle affect the bail decision.
- Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is mandatory for granting bail.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- pillion rider
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7679 of 2026
Arising Out of PS. Case No.-1231 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
Mantosh Kumar @ Mantosh Yadav Son of Dwarika Yadav R/o Village -
Baribag, Police Station - Khaira, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with JAM
P.S. Case No. 1231 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 105
liters of country made liquor was recovered from motorcycle.
Petitioner was arrested on the spot.
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. The petitioner is
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not the owner of the motorcycle, rather he was pillion rider of
the said vehicle. The petitioner has no knowledge and concern
with the alleged motorcycle. The petitioner is in custody since
04.12.2025 and has got three 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 JAM P.S. Case No.
1231 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
Patna High Court CR. MISC. No.7679 of 2026(2) dt.10-02-2026
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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