Patna High Court
Dharmendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dharmendra Manjhi, applied for bail in a special excise case (No. 2837 of 2023) arising from the recovery of 138 litres of liquor, of which 28 litres were found at his joint family house. The prosecution alleged his involvement under Section 30(a) of the Bihar Prohibition and Excise Act, while the petitioner claimed innocence, stating no liquor was in his conscious possession and that the recovery was from a shared residence. He has one prior criminal antecedent and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court noted the length of his custody since 1‑Dec‑2025 and the lack of direct incriminating material against him. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the evidence and his custody period
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- BNSS 2023
- criminal antecedent
- joint house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10516 of 2026
Arising Out of PS. Case No.-833 Year-2023 Thana- MANER District- Patna
======================================================
Dharmendra Manjhi S/O Nagina Manjhi R/O- Mahuariya Bagicha, P.S.-
Maner, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Special
Excise Case No. 2837 of 2023, arising out of Maner PS Case
No. 833 of 2023 instituted for the offences under Section/s 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 138 liters
liquor was recovered, out of which 28 liters of liquor was
recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.10516 of 2026(2) dt.13-02-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the joint house of the petitioner,
where other family members also reside. The petitioner is in
custody since 01.12.2025 and has got one criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
Other co-accused has been granted bail by this Court vide order
dated 03.02.2026, passed in Cr. Misc. No. 8051 of 2026.
5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Excise Case
No. 2837 of 2023, arising out of Maner PS Case No. 833 of
2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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