Patna High CourtCR. MISC./3814/2026bail granted

Manish Kumar v. The State Of Bihar

2026-01-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3814 of 2026 Arising Out of PS. Case No.-2036 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Manish Kumar Son of Umesh Sahani @ Amesh Sahni Resident of VillageDakrama, P.S.- Hathauri, 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.Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 2036 of 2025, instituted for the offences punishable under Sections 30(a), 32(3) and 33 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 200 liters of country made liquor was recovered from Auto. Petitioner was arrested on the spot.

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. Learned counsel

Patna High Court CR. MISC. No.3814 of 2026(2) dt.27-01-2026 2/3 further submitted that the petitioner was neither owner nor driver of the vehicle. The petitioner is in custody since 09.12.2025 and has got one 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 Excise P.S. Case No. 2036 of 2025, 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.

(III) If the petitioner is found involved in similar

Patna High Court CR. MISC. No.3814 of 2026(2) dt.27-01-2026 3/3 nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T