Patna High Court
Motilal ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a Rs.15,000 bond, two sureties (one a close family member), and strict attendance conditions.
Summary
Motilal Manjhi was arrested in a police raid at a brick kiln where 60 litres of illicit liquor and related equipment were seized, leading to charges under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Prohibition and Excise Act. He has been in custody since 16 January 2026 and had previously been granted bail on 6 October 2025, which was cancelled on 14 December 2023 for non‑appearance. The petitioner pleaded that he has no prior criminal record and is willing to comply with any conditions imposed by the court. The State opposed the bail application, citing the seriousness of the offence and the earlier cancellation of bail. Considering the circumstances, the High Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and to appear on every trial date, with cancellation possible on two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused in view of the nature of the offences under IPC 272, 273 and the Bihar Prohibition and Excise Act.
- Whether the prior cancellation of bail for non‑appearance precludes the grant of fresh bail.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- illicit liquor
- prior bail cancellation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12765 of 2026
Arising Out of PS. Case No.-181 Year-2015 Thana- KUCHAIKOTE District- Gopalganj
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Motilal Manjhi S/o Late Patpar Manjhi R/o Village - Kuchaikot, P.S.-
Kuchaikot, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, 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
Kuchaikot P.S. Case No. 181 of 2015 instituted for the offence
under Sections 272 & 273 of the Indian Penal Code and Section
47(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that acting on
secret information, the police conducted a raid near a brick kiln
and apprehended three persons who were found manufacturing
illicit liquor. During the search, various instruments and 60 litres
of country-made liquor were recovered from the spot.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 16.01.2026. Petitioner
Patna High Court CR. MISC. No.12765 of 2026(2) dt.24-02-2026
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bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. The present one is the misuse of privilege of bail
granted to the petitioner. Learned counsel for the petitioner
submits that petitioner was granted bail by the Court below on
06.10.2025. Cognizance was taken against the petitioner on
21.03.2016. Learned counsel submits that due to non-
appearance, the bail bonds of the petitioner was cancelled on
14.12.2023. It is lastly submitted that petitioner is ready to abide
by any terms and condition imposed by this Court, if he may be
released on bail.
6. Learned A.P.P. 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 period of custody of the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Kuchaikot P.S. Case No. 181 of 2015,
subject to the following conditions:
Patna High Court CR. MISC. No.12765 of 2026(2) dt.24-02-2026
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(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)
Raj Kishore/-
U T
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