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Patna High Court

Mantosh Kumar @ Mantosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.7679 of 2026(2) dt.10-02-2026
                                            2/3




          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
                                                       3/3




                     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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