Patna High Court

Rama Shankar ManjhiversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners, Rama Shankar Manjhi and Dinesh Manjhi, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 125 litres of country-made liquor was recovered from their joint house. They contended that they were innocent, that no incriminating material was found in their personal possession, and that the recovery was made from a shared family residence. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the BNSS, 2023 and the relatively short period of custody. The Court, considering the facts, the petitioners' antecedents, and the absence of direct evidence, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties and to comply with conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Section 103
Bihar
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11654 of 2026
                          Arising Out of PS. Case No.-245 Year-2025 Thana- KOPA District- Saran
                 ======================================================
           1.     Rama Shankar Manjhi S/o Kailash Manjhi R/o vill - Pokhar Bhinda, P.S.-
                  Kopa, Distt.- Saran at Chapra
           2.    Dinesh Manjhi S/o Natak Manjhi R/o vill - Pokhar Bhinda, P.S.- Kopa,
                 Distt.- Saran at Chapra



                                                                                    ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Kopa

                   PS Case No. 245 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 125 liters

                   country made liquor was recovered from courtyard.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.11654 of 2026(2) dt.19-02-2026
                                            2/3




          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. It is

          submitted that recovery is made from the joint house of the

          petitioners, where other family members also reside. The

          petitioners are in custody since 08.12.2025 and petitioner No.1

          bears two criminal antecedents, whereas petitioner No.2 got no

          criminal antecedent/s. There is no compliance of Section 103 of

          the BNSS, 2023.

                  5.      Learned A.P.P. 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/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Kopa PS Case No.

          245 of 2025, subject to the following conditions:

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

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date
           Patna High Court CR. MISC. No.11654 of 2026(2) dt.19-02-2026
                                                       3/3




                     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 petitioners.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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