Patna High Court
MANISH BHARTI @ MANISH KUMAR @ MANISH KUMAR BHARTIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as the recovery of illicit liquor does not appear to be from his conscious physical possession.
Summary
The petitioner, Manish Bharti, was implicated in a case (PS Case No. 548 of 2025) for alleged illegal manufacturing and trading of illicit liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022, with 228 litres of liquor recovered from a tempo. He contended that he was neither the owner nor the driver of the tempo and had no conscious physical possession of the liquor. The prosecution opposed bail, citing the seriousness of the offence. The court observed that the recovery did not appear to be from the petitioner's conscious possession and, despite his extensive criminal antecedents, granted bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS. The order directed the petitioner to surrender within four weeks to the Exclusive Special Judge, Excise‑I, Nawada.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in illicit liquor trade under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the recovery of liquor can be attributed to the petitioner's conscious physical possession.
- Whether the petitioner's prior criminal antecedents preclude the grant of bail.
Subjects
- bail
- illicit liquor
- prohibition act
- possession
- criminal antecedent
- excise law
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9715 of 2026
Arising Out of PS. Case No.-548 Year-2025 Thana- HISUWA District- Nawada
======================================================
MANISH BHARTI @ MANISH KUMAR @ MANISH KUMAR BHARTI
S/o- Uday Singh @ Budhan Singh R/v- Hadsa Ps- Hisua Dist- Nawada.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Hisua P.S. Case No. 548 of 2025 registered for
the offences punishable under Sections 30(a) and 41 of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. The allegation against the petitioner is to be engaged
in illegal trading/manufacturing of illicit liquor, where, there is
recovery of 228 litres of IMFL/country made liquor from the
alleged tempo.
4. Learned counsel appearing on behalf of the petitioner
submitted that petitioner is neither owner nor driver and not
connected in any manner with the alleged tempo. It is submitted
that alleged recovery of illicit liquor was made from the tempo,
Patna High Court CR. MISC. No.9715 of 2026(2) dt.17-02-2026
2/3
which is accessible by general public and it can be said safely that
recovery of alleged illicit liquor not appears to be made from the
conscious physical possession of this petitioner. Explaining
criminal antecedent of the petitioner, it is submitted that petitioner
found involved in 16 more criminal cases and in most of the cases
he is on bail. It is submitted that if merit of the case is otherwise
convincing in favour of the petitioner merely on the basis of
criminal antecedents, the prayer of bail ordinarily should not be
declined. In support of his submission, learned counsel relied upon
the legal report of Hon’ble Supreme Court available through
Prabhakar Tewari Vs. State of Uttar Pradesh and Another
reported in (2020) 11 SCC 648.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances as
recovery of illicit liquor prima facie not appears to be made from
the conscious physical possession of this petitioner, accordingly,
above named petitioner, in the event of his arrest or surrender
before the learned trial Court, within a period of four weeks of the
order, is directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Judge, Excise-I, Nawada/concerned Court, where the case is
Patna High Court CR. MISC. No.9715 of 2026(2) dt.17-02-2026
3/3
pending in connection with Hisua P.S. Case No. 548 of 2025,
subject to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…