Patna High Court
Chandra Shekhar Manjhi @ Chandrashekhar ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 8.640 litres of foreign liquor. The petitioner claimed innocence, asserting that nothing was recovered from his possession and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. He had been in judicial custody since 6 December 2025, while the State highlighted his three prior criminal cases and opposed bail. After hearing both sides, the court considered the alleged procedural lapses and the petitioner’s antecedents, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and a direction that the petitioner not commit a similar offence in the future.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering alleged seizure irregularities and prior criminal antecedents.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition
- excise
- foreign liquor
- seizure
- Section 30(a)
- Section 105
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16465 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- RASULPUR District- Saran
======================================================
Chandra Shekhar Manjhi @ Chandrashekhar Manjhi, S/O Late Chhathu
Manjhi, R/O Vill.- Rasulpur, P.S.- Rasulpur, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rasulpur P.S. Case No. 202 of 2025 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 8.640 litres of
country made foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. The
witnesses of the seizure list are police personnel. Police has not
Patna High Court CR. MISC. No.16465 of 2026(2) dt.13-03-2026
2/2
complied Section Section 105 of the B.N.S.S. while making the
seizure. Petitioner is languishing in judicial custody since
06.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Rasulpur P.S. Case No. 202 of 2025 with the condition
that petitioner shall not indulge in similar nature of offence
in future.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…