Created by Fuzzy Cloud

Patna High Court

Dinesh Kumar Manjhi @ Dinesh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as no incriminating article was recovered from the petitioner’s possession.

Summary

The petitioner, Dinesh Kumar Manjhi, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 10 litres of illicit country‑made liquor recovered from an open place. No incriminating article was found in his personal possession and he had been in custody since 20 January 2026. He applied for bail, contending that he was falsely implicated based on local disclosures. The State opposed the bail. Considering the absence of any seized article from the petitioner and the length of his custody, the court allowed the bail application, directing his release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The bail order was directed to be complied with by the Exclusive Special Excise Court No. 3, Saran.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article has been recovered from his possession.
  • Whether the petitioner’s continued custody since 20‑01‑2026 warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • Section 30
  • possession
  • excise
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20234 of 2026
                          Arising Out of PS. Case No.-176 Year-2024 Thana- KOPA District- Saran
                 ======================================================
                 Dinesh Kumar Manjhi @ Dinesh Manjhi S/O Janakdeo Manjhi @ Janakdev
                 Manjhi @ Petu R/O Village/Town- Pokhar Bhinda, P.S.- Kopa, Dist- Saran

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Aniket Singh, Advocate
                 For the State            :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   and Excise Act.

                                3. As per prosecution case, 10 liters illicit country

                   made was recovered from an open place.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and he has falsely been implicated

                   in this case merely on basis of disclosure made by local people.

                   The alleged illicit liquor has been recovered from an open place,
             Patna High Court CR. MISC. No.20234 of 2026(2) dt.01-05-2026
                                                         2/2




                       which is accessible to one and all. Moreover, charge-sheet has

                       already been submitted and petitioner is in custody since

                       20.01.2026.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned Exclusive Special Excise Court No. 3,

                       Saran (Chapra) in connection with Kopa P.S. Case No. 176 of

                       2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.