Patna High Court

Mani Prasad @ Raushan KumarversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Mani Prasad, sought regular bail in a case (Bodhgaya P.S. Case No. 691 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, after an earlier anticipatory bail application was rejected. The prosecution alleged that 191.165 liters of liquor were recovered from the petitioner’s house, but the petitioner claimed innocence, no incriminating material in his possession, and that his name surfaced only through a local watchman's disclosure. He had been in custody since 5 January 2026, had no prior criminal record, and argued that procedural safeguards under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The State opposed bail, but the Court, considering the lack of direct evidence, the petitioner’s custody duration, and his clean record, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner despite the rejection of anticipatory bail.
Whether the prosecution’s evidence suffices to justify continued detention under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 103
liquor seizure
criminal procedure
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9503 of 2026
                       Arising Out of PS. Case No.-691 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Mani Prasad @ Raushan Kumar S/o- Late Bhuneshwar Prasad R/v- Bakraur
                 Ps- Bodhgaya Dist- Gaya
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabia Gulnaz, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, 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

                   Bodhgaya P.S. Case No. 691 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Earlier, anticipatory bail of the petitioner was

                   rejected by a co-ordinate Bench of this Court vide order dated

                   18.12.2025 passed in Cr. Misc. No. 85936 of 2025.

                                4. The prosecution case, in short, is that 191.165 liters

                   liquor was recovered from house of petitioner.

                                5. 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
             Patna High Court CR. MISC. No.9503 of 2026(2) dt.12-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner was not

                       arrested on spot. Name of the petitioner has transpired in this

                       case on the basis of disclosure made by local chaukidar. It is

                       further submitted that the alleged recovery has been made from

                       joint house of the petitioner where other family members also

                       reside. The petitioner is in custody since 05.01.2026 and has got

                       no criminal antecedent. There is no compliance of Section 103

                       of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    6. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    7. 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.

                                    8. 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 Bodhgaya P.S. Case

                       No. 691 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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