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2026 DAILYLAW 29406 (PAT)

Manoj Kumar v. The State of Bihar

CR. MISC./56422/2026 · 2026-08-13

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56422 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- SALAIYA District- Aurangabad ====================================================== 1. Manoj Kumar Son of Somar Chaudhary Resident of Village- Pichhuliya, P.S.- Kasma, District- Aurangabad (Bihar). 2. Jitendra Kumar @ Jitendra Bhuiya Son of Shivcharan Bhuiyan Resident of Village- Pichhuliya, P.S.- Kasma, District- Aurangabad (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-08-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in Salaiya P.S. Case No. 54 of 2026, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 85 liters liquor was recovered from motorcycle. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned Patna High Court CR. MISC. No.56422 of 2026(2) dt.13-08-2026 2/2 counsel for the petitioner also submits that the motorcycle belongs to the sister of petitioner no. 2. It is further submitted that the petitioners have been arrested only on the basis of suspicion. The petitioners are in custody since 07.07.2026 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salaiya P.S. Case No. 54 of 2026. Rajorshi/- (Rudra Prakash Mishra, J) U T