Allowed¶20

Manoj Kumar v. The State of Bihar

Patna HC1 May 2026CR. MISC./28706/2026

Case brief

AI extract

What is this about?

Manoj Kumar versus The State of Bihar; CRIMINAL MISCELLANEOUS No. 28706 of 2026; Patna High Court; Justice Arun Kumar Jha; bail on apprehension of arrest; Hawai Adda / Airport P.S. Case No. 234 of 2017; Bihar Prohibition and Excise Act Sections 30(a), 37(c); BNSS 2023 Section 482(2); recovery of 2 litres country-made mahua liquor; co-accused Dharmendra Kumar; petitioner owner of motorcycle; bail bond Rs. 10,000 with two sureties; Special Judge Excise-1 Patna; decision dated 01-05-2026.

What did the court decide?

Direction to release the petitioner on bail upon arrest or surrender within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS, 2023 and additional conditions (one bailor a close relative; presence on trial dates if required). ¶20

Manoj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Hawai Adda P.S. Case No. 234 of 2017 under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, should be released on bail in the event of his arrest or surrender.

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Court's answer

Considering the doubtful nature of the allegation, the possibility of false accusation and the petitioner's clean antecedent, the petitioner is to be released on bail in the event of his arrest or surrender before the court concerned within eight weeks.

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Ratio / Principle

Bail is on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise-1, Patna/court concerned.

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Key takeaways

Release is subject to the condition laid down under Section 482(2) of the BNSS, 2023 and further conditions that one bailor be a close relative of the petitioner and that the petitioner remain present on each date fixed by the trial court if so required.ratio¶22

Detailed headnote1 paragraphs

Bail on apprehension of arrest — Patna High Court (Arun Kumar Jha, J., oral order dated 01-05-2026) in CRIMINAL MISCELLANEOUS No. 28706 of 2026: petitioner Manoj Kumar, alleged owner of a motorcycle ridden by co-accused Dharmendra Kumar from whom 2 litres of country-made mahua liquor were recovered (co-accused found inebriated), apprehended arrest in Hawai Adda (Airport) P.S. Case No. 234 of 2017 under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act. Considering the doubtful nature of the allegation, the possibility of false accusation and the petitioner's clean antecedent, the Court directed that, on arrest or surrender within eight weeks, the petitioner be released on bail on a bond of Rs. 10,000 with two like sureties to the satisfaction of the Special Judge, Excise-1, Patna/court concerned, subject to Section 482(2) of the BNSS, 2023, with one bailor a close relative and attendance on trial dates as required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28706 of 2026

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Arising Out of PS. Case No.-234 Year-2017 Thana- AIRPORT District- Patna

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

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Manoj Kumar, Son of Rajendra Ray @ Rajendra Prasad Rai, Resident of Rastriya Ganj, P.S.- Phulwarisharif, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr.Rajendra Prasad Nat ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 01-05-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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In the present case, the petitioner is apprehending his arrest in connection with Hawai Adda P.S. Case No.234 of 2017, registered under Sections 30(a), 37(c) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, co-accused Dharmendra Kumar was apprehended while riding a motorcycle and from his possession, recovery of 2 liters of country made mahua liquor was made and the co-accused was found in inebriated condition. The petitioner is said to be the owner of the motorcycle.

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The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

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Patna High Court CR. MISC. No.28706 of 2026(2) dt.01-05-2026 2/3

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case. The petitioner has not been apprehended from the spot and nothing incriminating has been recovered from the person/possession of the petitioner. The apprehended co-accused borrowed the motorcycle of the petitioner for some urgent need and, thereafter, the motorcycle was seized as co-accused was found carrying illicit liquor and was also found in inebriated condition. The petitioner has no concern with the seized liquor. The learned counsel further submits that in these facts and circumstances, no offence under the Excise Act is made out against the petitioner. The petitioner is having clean antecedent.

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The learned APP vehemently opposes the submission made on behalf of the petitioner.

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Having regard to the fact and circumstances and submission made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and further considering the possibility of false accusation and also considering the clean antecedent of the petitioner, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, 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 Special

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Patna High Court CR. MISC. No.28706 of 2026(2) dt.01-05-2026 3/3

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Judge, Excise-1, Patna/court concerned, in connection with Hawai Adda P.S. Case No. 234 of 2017, subject to the condition laid down under Section 482 (2) of the BNSS, 2023 and other following conditions:

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

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

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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U T

Manoj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj 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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