Patna High Court

Manjay KumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Manjay Kumar, was arrested in connection with the recovery of 781.560 litres of foreign liquor from a pickup vehicle, alleged to be a violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the illicit cargo, and that no incriminating material was found in his possession. The petitioner also highlighted his clean criminal record and the alleged non‑compliance of Section 103 of the BNSS, 2023 in his detention. The State opposed the bail application, arguing the seriousness of the offence. Considering the petitioner’s clean antecedent, the circumstances of his custody, and the lack of direct evidence, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions of regular appearance.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the BNSS, 2023, warrants denial of bail.
Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise offence
foreign liquor
Bihar Prohibition and Excise Act
Section 103 BNSS
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9379 of 2026
                     Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Manjay Kumar Son of Braj Nandan Ray Resident of Village- Chak Mehsi,
                 P.S.- Maniyari, District- Muzaffarpur
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :         Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Excise

                   PS Case No. 29 of 2026 instituted for the offences under

                   Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 781.560 liters

                   foreign liquor was recovered from pickup vehicle.

                           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. It is submitted

                   that name of the petitioner has surfaced in this case as being

                   driver of the vehicle in question and he was oblivious of the fact
           Patna High Court CR. MISC. No.9379 of 2026(2) dt.12-02-2026
                                                       2/2




                     that illicit liquor was laden in the vehicle. The petitioner is in

                     custody since 07.10.2026 and has got no criminal antecedent/s.

                     There is 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise PS Case No.

                     29 of 2026, 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)
Raj Kishore/-
U      T

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