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Patna High Court

Mantu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to specified conditions.

Summary

Mantu Kumar, a driver, was arrested after 400 litres of illicit country-made liquor were recovered from a toto vehicle he was operating, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He pleaded innocence, asserting he had no knowledge of the contraband and that none was found in his personal possession, and offered to deposit a bail amount. The prosecution opposed bail, citing the seriousness of the offence. The High Court, noting his custody since 19 October 2025 and lack of prior similar offences, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, future conduct, and verification of his criminal antecedent. The order directed the trial court to accept the bail bond upon receipt of the deposit and clarified that any observations in the order would not affect the trial.

Issues considered

  • Whether a driver with no direct possession of illicit liquor can be granted bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedent, though not of similar nature, precludes bail.
  • Whether the seriousness of the offence justifies denial of bail.

Subjects

  • bail
  • criminal procedure
  • prohibition law
  • driver liability
  • Section 30(a)
  • Bihar
  • pre‑trial liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89703 of 2025
                  Arising Out of PS. Case No.-551 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Mantu Kumar S/o Birendra Patel Resident of village - Ratanpur, P.S -
                 Banjariya, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   07-01-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Banjariya P.S. Case No. 551 of 2025

                   registered for the offence(s) punishable under Section(s)

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

                                3. As per the prosecution case, in the course of

                   patrolling, a total of 400 litres of country-made liquor was

                   recovered from a toto vehicle.

                                4. The learned counsel for the petitioner submits

                   that the petitioner is innocent and has no concern

                   whatsoever with the recovered liquor as no incriminating

                   article was recovered from his conscious possession. It is
Patna High Court CR. MISC. No.89703 of 2025(3) dt.07-01-2026
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          further submitted that the petitioner was merely the driver

          of the vehicle and had no knowledge of the contents kept in

          the toto and that he was only obeying the order of his

          master. The learned counsel lastly submits that the

          petitioner has one criminal antecedent but not of similar

          nature and he is in custody since 19.10.2025.

                       5. The petitioner is willing and undertakes to

          deposit a sum of Rs. 2,500/ with the Advocate Association,

          Patna High Court.

                       6. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       7. Regard being had to the facts and circumstances

          of the case and taking note of the fact that the petitioner has

          remained in custody since 19.10.2025, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned court below

          where the case is pending/successor court in connection

          Banjariya P.S. Case No. 551 of 2025, subject to the

          following conditions:-

                       (i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.89703 of 2025(3) dt.07-01-2026
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          close relative and the other shall be the local resident.

                       (ii) The petitioner shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioner will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at

          liberty to move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the

          criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed his criminal

          antecedent, the court below shall take step for cancellation

          of bail bond of the petitioner. However, the acceptance of

          bail bonds in terms of the above-mentioned order shall not

          be delayed for purpose of or in the name of verification.

                       8. The bail bond of the petitioner shall be accepted

          by the learned Trial Court on showing receipt of deposit of

          aforesaid amount with the Advocate Association, Patna

          High Court.
               Patna High Court CR. MISC. No.89703 of 2025(3) dt.07-01-2026
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                                      9. Accordingly, the prayer for bail is allowed.

                                      10. It is made clear that the observation, if any,

                         made in this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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