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Patna High Court

Sukhal Manjhi @ Shukhan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sukhal Manjhi, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 40 litres of liquor. An earlier anticipatory bail order was set aside after the court verified two prior criminal antecedents, and the bail bonds were not accepted. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the circumstances, including the period of custody and the nature of the offence, the court granted bail on the condition of a Rs.15,000 bond with two sureties and required the petitioner’s appearance at every trial date. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

  • Whether bail should be granted despite the petitioner’s two criminal antecedents and the nature of the offence under the Bihar Prohibition and Excise Act.
  • Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the earlier anticipatory bail can be converted into regular bail under the present circumstances.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 103
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12456 of 2026
                  Arising Out of PS. Case No.-634 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Sukhal Manjhi @ Shukhan Manjhi S/O Late Bhawni Manjhi @ Late Bhwani
                 Manjhi R/O village - Mira Mushehri, P.S.- Chapra Muffasil, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 634 of 2024, instituted for the offences

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

                   Excise Act.

                                3. Earlier vide order dated 23.04.2025 passed in Cr.

                   Misc. 21764 of 2025, anticipatory bail was granted to the

                   petitioner by a Co-ordinate Bench of this court with a direction

                   to verify the criminal antecedent of the petitioner. Further, it

                   appears that the learned Court below, after verification, has

                   found      that     petitioner     bears      two   criminal     antecedents,

                   accordingly, the bail bonds of the petitioner was not accepted.
Patna High Court CR. MISC. No.12456 of 2026(2) dt.24-02-2026
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                       4. The prosecution case, in short, is that 40 liters

          liquor was recovered from sack.

                       5. 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

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local people. It is further

          submitted that the petitioner has got no concern with the alleged

          sack. The petitioner is in custody since 08.01.2026 and has got

          two criminal antecedents in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. 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.

                       8. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.12456 of 2026(2) dt.24-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Muffasil P.S. Case

                       No. 634 of 2024, subject to the following conditions:

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

                       the family of the petitioner.

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

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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