Patna High Court
Shailesh Manjhi @ Shailesh Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Shailesh Manjhi, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 32 litres of illicit country-made liquor recovered from a seized scooty. He contended that he neither owned nor drove the vehicle and that no incriminating article was found in his possession, asserting his innocence. The State opposed his bail application, arguing the seriousness of the offence. The Court examined the lack of direct evidence linking the petitioner to the contraband and considered the period of his custody since 9 January 2026. Concluding that the circumstances did not justify continued detention, the Court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article has been recovered from his possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20353 of 2026
Arising Out of PS. Case No.-5 Year-2025 Thana- PARSA District- Saran
======================================================
Shailesh Manjhi @ Shailesh Kumar Manjhi S/O Parmeshwar Manjhi R/O
Village- Anyay, Harijan Tola, Babhangawn, P.S- Parsa, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Mani Bhushan Kumar Singh, Advocate
Mr. Binod Kumar Sinha, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard Mr. Mani Bhushan Kumar Singh, learned
counsel for the petitioner and Mr. Pramod Kumar Pandey,
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, 32 liters illicit country
made liquor was recovered from the seized scooty.
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 suspicion. Petitioner is neither owner nor
Patna High Court CR. MISC. No.20353 of 2026(2) dt.01-05-2026
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driver of the vehicle in question. Moreover, charge-sheet has
already been submitted and petitioner is in custody since
09.01.2026.
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 at Chapra in connection with Parsa P.S. Case No. 05 of
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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