Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36786 of 2026 Arising Out of PS. Case No.-458 Year-2026 Thana- SONEPUR District- Saran ====================================================== Mantu Kumar Son of Late Rajendra Singh Resident of Village - Shahpur Jaitiya, P.S.- Sonepur, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-06-2026 Heard Mr. Dewendra Narayan Singh , learned counsel for the petitioner and Mr. Kanhiya Kishor, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 05.05.2026 in connection with Sonepur P.S. Case No.458 of 2026, F.I.R. dated 04.05.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act on 04.05.2026
3. Recovery is of 20 liters of illicit country made wine.
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
Patna High Court CR. MISC. No.36786 of 2026(2) dt.17-06-2026 2/3 recovered from the conscious possession of the petitioner rather there is recovery of total 20 liters of country made wine. It appears from the seizure list that the seizure list witnesses are police personnel so, there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 05.05.2026.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, 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 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Sonepur P.S. Case No. 458 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 witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.36786 of 2026(2) dt.17-06-2026 3/3 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