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Patna High Court

Manoj Manjhi @ Manoj Kumar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner, subject to conditions.

Summary

The petitioner, Manoj Manjhi, was arrested after 115 litres of liquor were recovered from a courtyard in front of his house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was in a public area, not under his possession, and that his arrest was based merely on suspicion, with no material recovered from his conscious possession. The petitioner also argued that the prosecution failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, noting the circumstances of the arrest, the lack of direct evidence, and the petitioner’s custody since 14‑01‑2026, decided to grant bail subject to monetary and personal surety and several conditions. The bail order required the petitioner to appear at every trial date, not tamper with evidence or witnesses, and refrain from committing similar offences.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the arrest based on suspicion and recovery of liquor from a public place justifies denial of bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • suspicion
  • criminal antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12344 of 2026
                        Arising Out of PS. Case No.-23 Year-2026 Thana- RUPASPUR District- Patna
                 ======================================================
                 Manoj Manjhi @ Manoj Kumar Manjhi S/O Singha Manhi @ Singham
                 Manzhi Resident of Village- Rukanpura Mushari, PS- Rupaspur, Distt. -
                 Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rupaspur P.S. Case No. 23 of 2026, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 115 liters

                   liquor was recovered from courtyard in front of the house of the

                   petitioner and he was arrested on spot.

                                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.12344 of 2026(2) dt.23-02-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner has been

          arrested only on the basis of suspicion. The alleged recovery has

          been made from an open place and the same is easily accessible

          to the public at large. It is further submitted that the place of

          recovery does not belong to the petitioner. The petitioner is in

          custody since 14.01.2026 and has got five criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya Nagarik

          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 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 after framing

          of charge, if not already framed, 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 Rupaspur P.S. Case No. 23 of 2026,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
             Patna High Court CR. MISC. No.12344 of 2026(2) dt.23-02-2026
                                                         3/3




                                     (II) The petitioner shall appear on each and every date

                       fixed at the trial and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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