Patna High Court

Manish KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Manish Kumar sought anticipatory bail fearing arrest in a case involving the seizure of 2,275.200 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and sections 319(2) and 111(3) of the Bharatiya Nyaya Sanhita. The prosecution alleged the liquor was recovered from a truck, while the petitioner contended that his name was linked only through a confessional statement of another apprehended individual and that he was neither the owner nor driver, having no criminal antecedent. He also argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with, rendering the case prima facie weak. The State opposed the bail. The court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail is warranted in the absence of a prima facie case against the petitioner
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail
Whether the petitioner’s alleged involvement, based solely on another’s confessional statement, suffices for arrest

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita — s. 111(3), 319(2)

Subjects

anticipatory bail
false implication
liquor seizure
prohibition act
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87813 of 2025
                        Arising Out of PS. Case No.-48 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Manish Kumar S/o Vishwanath Singh R/o Village - Madhusudanpur, P.S -
                 Sakra, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gopal Kumar Jha, Adv.
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Jokihat PS Case No. 48 of 2025 instituted for the offences

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

                   under sections 319(2), 111(3) of the Bharatiya Nyaya Sanhita.

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

                   2275.200 litres of liquor was recovered from truck.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   the confessional statement of the apprehended person. Learned

                   counsel further submitted that petitioner is neither the owner nor
           Patna High Court CR. MISC. No.87813 of 2025(2) dt.15-01-2026
                                                       2/2




                     the driver of the vehicle. The petitioner has got no concern with

                     the alleged recovery of liquor. Learned counsel for the

                     petitioner, therefore, contends that prima-facie no case is made

                     out against the petitioner. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Jokihat PS Case No.

                     48 of 2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

Continue reading with your account

Checking your session…