Patna High Court
JAIMANGAL MANJHIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act (BNSS) — s. 103
- Code of Criminal Procedure, 1973 — s. 100
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
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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
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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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