Patna High Court
Sukhal Manjhi @ Shukhan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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