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Patna High Court

JAIMANGAL MANJHIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, subject to a bond and specified conditions.

Summary

Jaimangal Manjhi was arrested on 16 February 2026 in connection with a case involving the alleged illegal possession of 83 litres of country‑made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated and that the seizure report violated procedural requirements under Section 100 of the Criminal Procedure Code and Section 103 of the BNSS. The State opposed bail, citing a prior criminal antecedent of a similar nature, though it also noted the petitioner was already on bail in a related matter. The High Court, after considering the submissions, ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his antecedents. The bail order was made without delay for verification of the antecedent, and the court retained the power to cancel the bail if conditions were breached.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance of Section 100 of the Criminal Procedure Code and Section 103 of the BNSS affects the grant of bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • criminal antecedent
  • procedural compliance
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26577 of 2026
                    Arising Out of PS. Case No.-60 Year-2026 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Jaimangal Manjhi S/O Deni Manjhi R/O Vill.- Bhuwanchhapra, P.S.- Chakia,
                 Dist.- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                        Heard Mr. Suraj Kumar Tiwari, learned counsel

                   for the petitioner and Mr. Nand Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.02.2026 in connection with Chakia P.S. Case No. 60 of 2026,

                   F.I.R. dated 03.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 83 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that altogether 83 liters of country made

                   liquor were recovered from hut of the petitioner. He further

                   submits that seizure list witnesses are police personnel and there
Patna High Court CR. MISC. No.26577 of 2026(2) dt.22-04-2026
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          is non-compliance of Section 100 of Cr.P.C/103 of BNSS and

          the petitioner is in custody since 16.02.2026.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that petitioner carries one criminal

          antecedent other than the present one of similar nature but fairly

          submits on the basis of paragraph-3 of the bail application that

          the petitioner is on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No.3, Civil Court, East Champaran,

          Motihari in connection with Chakia P.S. Case No. 60 of 2026,

          subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to
            Patna High Court CR. MISC. No.26577 of 2026(2) dt.22-04-2026
                                                        3/3




                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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