Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17708 of 2026 Arising Out of PS. Case No.-486 Year-2024 Thana- DINARA District- Rohtas ====================================================== Manish Kumar Son of Bahadur Singh Resident of Village- Majhauli, P.S.- Dinara, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Dinara P.S. Case No.486 of 2024, F.I.R dated 24.11.2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, on the basis of secret information, the police seized an e-rickshaw, of which the petitioner is the owner, and apprehended two persons, namely, Wakil Ram (driver) and Haridwar Paswan, and recovered a total of 750 ml of country-made liquor from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and is in no way connected with the seized liquor. The name of the petitioner has surfaced only on the ground that he is the owner of the vehicle in question; however, as a matter of fact, the vehicle was being driven by the coaccused, Wakil Ram and Haridwar Paswan, from whose
Patna High Court CR. MISC. No.17708 of 2026(2) dt.25-03-2026 2/3 possession the illicit liquor has been recovered. They have been apprehended on the spot. It is further submitted that the petitioner had given his vehicle to Wakil Ram for earning his livelihood on a commission basis. There has been no recovery of liquor from the conscious or constructive possession of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Having regard to the submissions made by the parties, and taking into consideration the fact that illicit liquor has not been recovered from the conscious or constructive possession of the petitioner, and that the person who was driving the vehicle has already been apprehended, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram, in connection with Dinara P.S. Case No.486 of 2024,
Patna High Court CR. MISC. No.17708 of 2026(2) dt.25-03-2026 3/3 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J) shikha/- U T