Patna High Court

Mahesh ManjhiversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner, subject to a monetary bond, surety requirements, and conditions of appearance.

Summary

Mahesh Manjhi was charged under Sections 47(a)(g) and 54 of the Bihar Prohibition and Excise Act, 2016 for the recovery of two litres of liquor from his premises. He had previously been granted bail in 2016, which was cancelled in 2022, re‑granted in 2023 and cancelled again in August 2025, leading to his custody from September 2025. The petitioner argued that he had no prior criminal antecedents and was prepared to comply with any conditions imposed by the court. The State opposed the bail application. Considering the petitioner’s undertaking, the length of his custody and the absence of a criminal record, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs 15,000 with two sureties and to comply with specific conditions regarding family surety and regular appearance. The bail was ordered subject to the stipulated conditions and the trial court’s authority to cancel it on default.

Issues considered

Whether bail should be granted to the petitioner despite previous cancellations of bail orders.
Whether the offences under Sections 47(a)(g) and 54 of the Bihar Prohibition and Excise Act, 2016 warrant denial of bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 47(a)(g), 54

Subjects

bail
Bihar Prohibition and Excise Act
criminal procedure
surety
court conditions
previous bail cancellation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2197 of 2026
                    Arising Out of PS. Case No.-90 Year-2016 Thana- HULASGANJ District- Jehanabad
                 ======================================================
                 Mahesh Manjhi Son of Tahal Manjhi Resident of Village- Banbariya Bhuitola,
                 P.S.- Hulasganj, Dist.- Jehanabad
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nityanand Neerajm, Advocate
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Hulasganj P.S. Case No. 90 of 2016, instituted for the offences

                   under Sections 47(a)(g) and 54 of the Bihar Prohibition and

                   Excise Act, 2016.

                               3. Prosecution case, in short, is that there is recovery

                   of two liters liquor from the fuss house of the petitioner.

                               4. Learned counsel for the petitioner submitted that

                   present case is the case of misuse of privilege of bail earlier

                   granted to the petitioner. Earlier the petitioner was released on

                   personal bail on 16.12.2016 and the same was cancelled on

                   07.09.2022. Again the petitioner was granted bail on 01.04.2023

                   by the learned court below. It is further submitted that on
Patna High Court CR. MISC. No.2197 of 2026(3) dt.20-02-2026
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          04.08.2025 the bail bonds of the petitioner was cancelled. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 21.09.2025 and has got no criminal antecedent.

          Learned counsel further submitted that petitioner undertakes to

          abide by any conditions imposed by this Court, if released on

          bail.

                      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, the undertaking given by the petitioner as also 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 after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Hulasganj P.S. Case No. 90 of 2016,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.2197 of 2026(3) dt.20-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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