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Patna High Court

Naresh Manjhi @ Ramnaresh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Naresh Manjhi, was arrested in connection with a case (PS No. 216 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 190 litres of liquor were recovered from public premises. He contended that he had no possession of the liquor, that the recovery was based solely on a chowkidar’s disclosure, and that no incriminating material linked him to the offence, despite having one prior criminal antecedent. The State opposed bail, arguing the seriousness of the offence and the petitioner’s antecedent. The court noted the lack of material against the petitioner, the fact that the liquor was recovered from an open public area, the co‑accused having already been granted bail, and the period of custody already served. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the petitioner’s prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15378 of 2026
                 Arising Out of PS. Case No.-216 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Naresh Manjhi @ Ramnaresh Manjhi S/O Dhuri Manjhi Resident of Village -
                 Parsauni Mallahi Tola, P.S- Mohammadpur,Dist- Gopalganj

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

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

2   11-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Mohammadpur P.S. case

                   No. 216 of 2025 instituted for the offences under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 190 liters

                   liquor was recovered from four sac and three plastic gallons.

                               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 no concern with the alleged recovery of liquor. It is

                   further submitted that the name of the petitioner has transpired
           Patna High Court CR. MISC. No.15378 of 2026(2) dt.11-03-2026
                                                       2/2




                     on the basis of disclosure made by local chowkidar. Recovery

                     has been made from an open place accessible to public at large.

                     The petitioner is in custody since 29.12.2025 and has got one

                     criminal antecedent. There is no compliance of Section 103 of

                     B.N.S.S., 2023. Co-accused has been granted regular bail by

                     this Bench vide Annexure-P/2 to this application.

                                 5. Learned A.P.P. 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 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 Mohammadpur P.S.

                     case No. 216 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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