Patna High Court
Laxman Manjhi @ Lakshman Manjhi @ Lakshan ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted bail to the petitioner subject to a Rs 10,000 bond with two sureties and conditions of cooperation and verification of criminal antecedent.
Summary
The petitioner, Laxman Manjhi, applied for bail after being implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 15 litres of illicit liquor seized from his joint‑family house. He contended that the liquor was not in his personal possession, that the seizure memo was not attested by two independent witnesses, and that he has no prior criminal record. The State opposed bail, arguing that the suspicion justified continued custody. The Court observed the absence of independent witnesses and the joint‑family nature of the property, concluding that these factors warranted bail, subject to a bond of Rs 10,000 with two sureties and conditions of cooperation and verification of any concealed antecedent. Accordingly, the Court ordered that the petitioner be released on bail if he surrenders within four weeks, with the specified bond and conditions, and directed prompt verification of his criminal antecedent.
Issues considered
- Whether bail should be granted in a prosecution under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 where the seizure lacks independent witnesses.
- Whether the fact that the alleged liquor was recovered from a joint‑family property affects the presumption of possession and justifies bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- joint family property
- search and seizure
- suspicion
- criminal antecedent
- Code of Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10911 of 2026
Arising Out of PS. Case No.-679 Year-2021 Thana- NAUBATPUR District- Patna
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Laxman Manjhi @ Lakshman Manjhi @ Lakshan Manjhi S/o- Naresh Manjhi
Resident of Village- Khaspur, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Chandra
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
41 of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the recovery is of 15
liters of illicit liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
the name of the petitioner has surfaced in the case on account of
suspicion. No recovery has been made from the physical and
conscious possession of the petitioner rather there is recovery
from a house which is a joint family property. There is no
independent witness to the said seizure list and the petitioner has
no criminal antecedent.
Patna High Court CR. MISC. No.10911 of 2026(2) dt.17-02-2026
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5. The application is opposed by the learned APP
for the State.
6. Considering the fact that no recovery has been
made from a house which is a joint family property, the
possibility of petitioner being implicated on the basis of
suspicion cannot be ruled out and further given the fact that the
search and seizure memo is not witnessed by two independent
witnesses, let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, 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 learned Special Excise Judge, Danapur at Patna
in connection with Naubatpur P.S. Case No. 679 of 2021,
subject to the condition laid down under Section 438 (2) of the
Code of Criminal Procedure/Section 482 (2) of the B.N.S.S.,
2023 and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
Patna High Court CR. MISC. No.10911 of 2026(2) dt.17-02-2026
3/3
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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