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Patna High Court

Sachita Manjhi @ Sachitanand ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

Sachita Manjhi was arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 28.25 litres of liquor were recovered from the palani of co‑accused Lal Babu Manjhi. The petitioner contended that he was falsely implicated, no liquor was found in his possession and the recovery was from a public place, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He had been in custody since 17‑11‑2025 and had one prior criminal antecedent, while the other co‑accused had already been granted bail. The State opposed the bail application. The Court, noting the lack of direct evidence against the petitioner, the public nature of the recovery, the period of custody already endured, and the procedural lapse, decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • criminal procedure
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3997 of 2026
                        Arising Out of PS. Case No.-65 Year-2025 Thana- Gaura P.S. District- Saran
                 ======================================================
                 Sachita Manjhi @ Sachitanand Manjhi S/O Late Musafir Manjhi @ Late
                 Moshafir Manjhi R/O Village- Narharpur, P.S- Goura, 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, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Gaura

                   P.S. Case No. 65/2025 instituted for the offences punishable

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

                               3. The prosecution case, in short, is that total 28.25

                   litres of liquor has been recovered from the palani of the co-

                   accused, Lal Babu Manjhi.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The
             Patna High Court CR. MISC. No.3997 of 2026(2) dt.29-01-2026
                                                         2/2




                       petitioner has got no concern with the alleged recovery of

                       liquor. The other co-accused person has already been granted

                       bail by this court vide order dated 03.07.2025 passed in Cr.

                       Misc. No. 41790/2025. The petitioner is in custody since

                       17.11.2025 and has one criminal antecedent. There is no

                       compliance of Section 103 of the Bharatiya Nagarika Suraksha

                       Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Gaura P.S. Case No.

                       65/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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