Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25697 of 2026 Arising Out of PS. Case No.-69 Year-2026 Thana- Excise P.S. District- Saran ====================================================== Manish Kumar Son of Late Raj Narayan Rai, R/o Viilage - Nenkam Tola, Ward No. 05, P.S - Badhara (Barhara), Dist. - Bhojpur at Ara (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Chapra Excise P.S. Case No. 69 of 2026, dated 16.03.2026, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act (Amended), 2022.

3. As per the prosecution case, information was received about the transportation of illicit liquor on a boat through the river Ganges, thereafter the police reached the spot and arrested this petitioner and recovery of 840.960 litres of illicit foreign liquor was made from the banks of the river near a tree.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.25697 of 2026(2) dt.17-04-2026 2/3 been implicated in the present case. Nothing incriminating has been recovered from person or possession of the petitioner. Petitioner is neither concerned with the place from where the recovery has been made nor with the allegededly recovered article. The petitioner is a farmer and the police apprehended him while he had been cutting mustard crop in his field. Learned counsel next submits that petitioner is having antecedent of one case in which he is on bail. Learned counsel lastly submits that petitioner is in custody since 17.03.2026.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that huge quantity of illicit liquor has been seized and the petitioner was apprehended from the said place from where recovery has been made.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and the period of custody of the petitioner, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra / concerned Court, in connection with Chapra Excise

Patna High Court CR. MISC. No.25697 of 2026(2) dt.17-04-2026 3/3 P.S. Case No. 69 of 2026, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T