Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17707 of 2026 Arising Out of PS. Case No.-40 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== Manoj Kumar Son of Late Mohan Prasad Resident of Village - Pakki Goraiya, Mahavir Sthan, P.S.- Khajekalan, P.O.- Patna City, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Nath, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2026 Heard Mr.Ashutosh Nath, learned counsel for the petitioner and Ms.Anita Kumari, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 14.01.2026 in connection with Alamganj P.S. Case No. 40 of 2026, F.I.R. dated 13.01.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 1491 liters of Codeine Cough Syrup.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that the recovery has been made form the Godown in question. It appears from the FIR that 700 liters of codeine cough syrup has been recovered from the Tempo in question and 791 litres of codeine cough syrup has

Patna High Court CR. MISC. No.17707 of 2026(2) dt.19-03-2026 2/3 been recovered from the Godown in question and the petitioner has been made accused in the present case merely on the ground that the petitioner is owner of the Godown in question and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 14.01.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, petitioner has clean antecedent and there is non-compliance of Sections 103 and 105 of BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court-Excise, Patna City, Patna in connection with Alamganj P.S. Case No. 40 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.17707 of 2026(2) dt.19-03-2026 3/3 for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T