Patna High Court
Manoj Manjhi @ Manoj Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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(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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