Patna High CourtCR. MISC./13057/2026bail granted

Manish Kumar v. The State Of Bihar

2026-02-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13057 of 2026 Arising Out of PS. Case No.-4490 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Manish Kumar S/o Sri Ramchandra Prasad @ Ram Chandra Prasad R/o - Ghaghaghat, Sultanganj, Mahendru, Ward no. 49, P.S - Sultanganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise Patna P.S. case No. 4490 of 2025 instituted for the offences under Section 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 220 liters liquor was recovered from e-rickshaw and the petitioner was arrested on 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

Patna High Court CR. MISC. No.13057 of 2026(2) dt.25-02-2026 2/3 recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is neither owner nor driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 31.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 12.02.2026 passed in Cr. Misc. No. 9117 of 2026.

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 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 Patna P.S. case No. 4490 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.13057 of 2026(2) dt.25-02-2026 3/3 (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) Pankaj/- U T