Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23379 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- SURSAND District- Sitamarhi ====================================================== Manish Kumar Son of Shiv Dayal Ray Resident of village - Sarwara @ Shandwara @ Sandhwara, P.S.- Bajpatti, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sursand P.S. Case No. 78 of 2026 registered for the offences punishable under Sections 111/317(5) of the B.N.S. and under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, during vehicle checking, the informant intercepted three motorcycles and apprehended one person, while other co-accused persons managed to flee. Upon interrogation, the apprehended person disclosed his name as Manish Kumar (the petitioner). Upon search, total of 450 litres of illicit Nepali liquor was recovered from all three motorcycles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.23379 of 2026(3) dt.12-05-2026 2/2 this case. It has further been submitted that the petitioner was actually not the person who was driving the motorcycle but due to confusion, he has been arrested. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. Lastly, it has been submitted that the petitioner has got one criminal antecedent in which he is on bail and he is in custody since 13.02.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner has one criminal antecedent of similar nature of offence.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi, in connection with Sursand P.S. Case No. 78 of 2026.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T