Kamla ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31458 of 2026
                        Arising Out of PS. Case No.-48 Year-2026 Thana- Excise P.S. District- Saran
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                 Kamla Manjhi S/o Lalu Manjhi R/o Village - Jigna, P.S. -. Garkha, Dist. -
                 Saran at Chapra.

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :         Mr. Vijay Kumar
                 For the Opposite Party/s :         Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                        Heard Mr. Vijay Kumar, learned counsel for the

                   petitioner and Dr. Indiwar Kumari, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.02.2026 in connection with Sadar Excise P.S. Case No. 48 of

                   2026 for the offence punishable under Section 30(a)of the Bihar

                   Prohibition and Excise Amendment Act.

                               3. The case of the prosecution, in short, is that the

                   allegation against the petitioner is of recovery of 50 liters of

                   illegal liquor from the possession of the apprehended accused.

                               4.     Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and it appears from the FIR and

                   seizure list that recovery has been made from the place of

                   occurrence and petitioner has been made an accused in the
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          present case merely on the basis of suspicion. It is next

          submitted that from perusal of the seizure list it appears that the

          seizure list witnesses are Bihar Home Guard personnel so there

          is non-compliance of mandatory provisions of Sections 103 and

          105 of BNSS, 2023 and petitioner is in custody since

          22.02.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       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 Court of

          Exclusive Special Judge, Excise-3rd, Saran at Chapra in

          connection with Sadar Excise P.S. Case No. 48 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)
Gaurav Sinha/-

U      T