Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Manish Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 330 litres of country‑made liquor were recovered from a vehicle. The petitioner contended that he was neither the owner nor the driver of the vehicle, that no incriminating material was found in his possession, and that the recovery was fabricated, emphasizing his clean record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the offence. The Court, after considering the petitioner’s custody period, lack of antecedents, and the procedural lapse, decided to grant bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- liquor seizure
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90530 of 2025
Arising Out of PS. Case No.-964 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Manish Kumar Son of Late Balchand Prasad Yadav Resident of Village-
Kebal, P.S.- Gurupa, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nawada Excise P.S. Case No. 964 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 330
liters of country made liquor was recovered from 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
was neither owner nor driver of the vehicle and the said
Patna High Court CR. MISC. No.90530 of 2025(2) dt.12-01-2026
2/2
recovery has been planted for extraneous consideration. The
petitioner is in custody since 25.11.2025 and has got no criminal
antecedent. 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 Nawada Excise P.S.
Case No. 964 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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