Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27783 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur ====================================================== Manish Kumar S/O Budho Mandal R/O Jhalu Das Tola, P.S- Rangra, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Ms. Shaheen Begum, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 12.02.2026 in connection with Antichak P.S. Case No. 12 of 2026, F.I.R. dated 11.02.2026 for the offences punishable under Section 30(a) and of the Bihar Prohibition and Excise Act.
3. Recovery is of 203.250 liters of different brands of foreign liquor.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.27783 of 2026(2) dt.27-04-2026 2/3 the recovery of altogether 203.250 liters of illicit liquor has been made from the TATA Magic vehicle in question and petitioner has been made accused merely on the ground that he is driver of the said vehicle in question. He further submits that petitioner is not the owner of the vehicle and it appears from the seizure list that the seizure list witnesses are the police personnel, so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 12.02.2026.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstance, 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 the learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Antichak P.S. Case No. 12 of 2026 subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.27783 of 2026(2) dt.27-04-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move 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) Vanisha/- U T