Patna High CourtCR. MISC./35816/2026bail granted

Mantu Kumar v. The State Of Bihar

2026-06-08Mrs. Justice Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35816 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- FESHAR District- Aurangabad ====================================================== Mantu Kumar Son of Pramod Singh Resident of Village- Charan Mahuari, P.S.- Narari Kala Khurd, District- Aurangabad (Bihar), Pin- 824112 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State, through virtual mode.

2. A prayer for bail has been made on behalf of the petitioner in connection with Feshar P.S. Case No. 30 of 2026, registered under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Amendment Act, 2022.

3. There is a recovery of 800 litres of Spirit from a Bolero pickup vehicle bearing Registration No. BR06G8807.

4. Learned counsel for the petitioner submits that the petitioner is neither the driver nor the owner of the said vehicle. He had taken lift from the driver of the vehicle. No incriminating article has been recovered from his physical or conscious possession. Further, there is no independent witness to the seizure list indicating violation of mandatory provisions

Patna High Court CR. MISC. No.35816 of 2026(2) dt.08-06-2026 2/2 of search and seizure. The petitioner has no criminal antecedent and he is in custody since 18.03.2026.

5. The application for bail is opposed by learned APP for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering violation of mandatory provisions of seizure and that he has no criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Feshar P.S. Case No. 30 of 2026, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court. (Soni Shrivastava, J) Harsh/- U T