Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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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
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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.
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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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