Patna High Court
Lalan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Lalan Manjhi and Yamuna Manjhi, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 60 litres of country-made liquor recovered in three plastic gallons. They contended that they were falsely implicated, had no incriminating material in their possession, possessed no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. After considering the lack of direct evidence, the petitioners' clean record, and the procedural lapse, the Court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount. The bail was granted subject to compliance with the conditions of the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution has established sufficient evidence of possession of illicit liquor.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2294 of 2026
Arising Out of PS. Case No.-813 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Lalan Manjhi Son of Harindra Manjhi Resident of Village - Jalal Basant,
P.S.- Garkha, Distt.- Saran at Chapra
2. Yamuna Manjhi Son of Late Ratan Manjhi Resident of Village - Jalal
Basant, P.S.- Garkha, 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.Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Garkha
P.S. Case No. 813 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 60 liters of
country made liquor was recovered from three plastic gallon.
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. The
Patna High Court CR. MISC. No.2294 of 2026(2) dt.19-01-2026
2/2
petitioners have no concerned with the alleged gallon. The
petitioners are in custody since 29.10.2025 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 Garkha P.S. Case
No. 813 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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