Allowed¶20

Manish Kumar v. The State of Bihar

Patna HC25 Feb 2026CR. MISC./13057/2026

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.13057 of 2026, order dated 25-02-2026 by Justice Rudra Prakash Mishra; bail allowed to Manish Kumar in Excise P.S. Case No. 4490/2025 (Sections 30(a), 41, 56(b) Bihar Prohibition and Excise Act); 220 liters liquor recovered from e-rickshaw; custody since 31.12.2025; bail bond Rs. 15,000/- with two sureties; Section 103 BNSS 2023 compliance raised; co-accused bailed 12.02.2026 (Cr. Misc. No. 9117 of 2026).

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions that one bailor be an own/close family member and that the petitioner appear on each trial date (bonds cancellable on default on two consecutive dates). ¶20

Manish Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arrested after recovery of 220 liters of liquor from an e-rickshaw in Excise Patna P.S. Case No. 4490 of 2025 (Sections 30(a), 41 and 56(b), Bihar Prohibition and Excise Act), should be admitted to bail.

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Court's answer

Taking into account the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court decided to grant bail.

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Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Excise Patna P.S. case No. 4490 of 2025.

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Key takeaways

Bail is subject to conditions: (I) one of the bailors shall be an own/close member of the petitioner's family; and (II) the petitioner shall appear on every trial date, failing which, on default in appearance on two consecutive dates, the Trial Court has liberty to cancel the bail bonds.ratio¶24

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J.), oral order dated 25-02-2026 in CR. MISC. No.13057 of 2026 arising out of Excise P.S. Case No. 4490 of 2025, District Patna (Sections 30(a), 41 and 56(b), Bihar Prohibition and Excise Act). Petitioner Manish Kumar, in custody since 31.12.2025 after alleged recovery of 220 liters of liquor from an e-rickshaw and on-spot arrest, was held entitled to bail considering the facts, circumstances and period of custody. Released on bail bonds of Rs. 15,000/- with two sureties of the like amount each; one bailor to be a close family member; bonds liable to cancellation by the Trial Court on the petitioner's failure to appear on two consecutive trial dates. Defence contentions recorded: petitioner innocent, neither owner nor driver of the vehicle, nothing recovered from his conscious possession, no criminal antecedent, alleged non-compliance of Section 103 B.N.S.S., 2023, and co-accused already granted bail on 12.02.2026 in Cr. Misc. No. 9117 of 2026. No precedent engaged; no dissent.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13057 of 2026

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Arising Out of PS. Case No.-4490 Year-2025 Thana- Excise P.S. District- Patna

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======================================================

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Manish Kumar S/o Sri Ramchandra Prasad @ Ram Chandra Prasad R/o - Ghaghaghat, Sultanganj, Mahendru, Ward no. 49, P.S - Sultanganj, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s : Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 25-02-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in Excise Patna P.S. case No. 4490 of 2025 instituted for the offences under Section 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 220 liters liquor was recovered from e-rickshaw and the petitioner was arrested on spot.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been

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Patna High Court CR. MISC. No.13057 of 2026(2) dt.25-02-2026 2/3

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recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is neither owner nor driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 31.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 12.02.2026 passed in Cr. Misc. No. 9117 of 2026.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Patna P.S. case No. 4490 of 2025, subject to the following conditions:

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Patna High Court CR. MISC. No.13057 of 2026(2) dt.25-02-2026 3/3

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(I) One of the bailors shall be own/close member

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of the family of the petitioner.

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(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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Pankaj/-

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U T

Manish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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