Patna High Court
Dinesh Kumar Manjhi @ Dinesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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