Patna High Court

Manoj KumarversusThe State of Bihar

Decided: 13 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

The petitioner, Manoj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 319.68 liters of liquor were recovered from a vehicle he was driving. He claimed innocence, stating he had no knowledge of the illicit liquor and that no incriminating material was found in his possession. The State opposed bail, but the court noted the petitioner’s lack of prior criminal record, the duration of his custody since 02-11-2025, and the absence of compliance with Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail order was issued pending framing of charges, if not already done.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case
Whether the lack of incriminating material in the accused's possession and his clean antecedent justify bail
Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
BNSS 2023
Section 103
no prior criminal record
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88753 of 2025
                   Arising Out of PS. Case No.-115 Year-2025 Thana- NUAOW District- Kaimur (Bhabua)
                 ======================================================
                 Manoj Kumar S/O Birendra Ram R/O Village- Khorhara, P.S- Ramgarh,
                 Distt.- Kaimur at Bhabua.
                                                                    ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Adv.
                 For the Opposite Party/s :       Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with Nuaon

                   PS Case No. 115 of 2025 instituted for the offences under

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

                           3.      The prosecution case, in short, is that 319.68 liters

                   liquor was recovered from the 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. The petitioner is

                   the driver of the vehicle in question and he was not aware that

                   illicit liquor was kept in the vehicle. The petitioner is in custody

                   since 02.11.2025 and has got no criminal antecedent. There is
           Patna High Court CR. MISC. No.88753 of 2025(2) dt.13-01-2026
                                                       2/2




                     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 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, after framing

                     of charge, if not already framed, 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 Nuaon PS Case No. 115 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.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

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