Manoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6600 of 2026 Arising Out of PS. Case No.-856 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== 1.

Manoj Son of Virendra Kumar @ Virendra R/o Village - Gujrani, P.S. - Gujrani Chowk, Dist. - Bhiwani Hariyana.

2.

Kanha Son of Sunil Banzara R/o Village - Padawa, P.S. - Baldewa, Dist. - Kahalgaon M.P.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise PS Siwan Case No. 856 of 2025 instituted for the offences under Sections 30(a) & 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 264 liters foreign liquor was recovered from car.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.6600 of 2026(2) dt.02-02-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that names of the petitioners have surfaced in this case as being passengers of the vehicle in question and they were oblivious of the fact that illicit liquor was laden in the vehicle. The petitioners are in custody since 09.12.2025 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Siwan Case No. 856 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner No.1.

(II) The petitioner No.1 shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.6600 of 2026(2) dt.02-02-2026 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner No.1.

(Rudra Prakash Mishra, J) Raj Kishore/- U T