Patna High Court
Ram Prasad Manjhi @ GulgulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specified conditions.
Summary
Ram Prasad Manjhi was arrested on 23 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 40 litres of illicit country-made liquor from a motorcycle. The petitioner claimed he had no conscious possession of the liquor, was not the owner of the motorcycle, and had a clean criminal record, asserting that the investigation violated Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s clean antecedent, lack of direct possession, and procedural non‑compliance, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay pending verification. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023, warrants bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- clean antecedent
- procedural non‑compliance
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22327 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- PARSA District- Saran
======================================================
Ram Prasad Manjhi @ Gulgul S/o Yogendra Manjhi R/o Village- Saidpur,
P.S- Dariyapur (Dariapur), Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for the
petitioner and Mr. Nityanand, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.01.2026 in connection with Parsa P.S. Case No. 31 of 2026,
F.I.R. dated 22.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 40 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery of 40 liters of illicit country made liquor has been
Patna High Court CR. MISC. No.22327 of 2026(2) dt.06-04-2026
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made from the motorcycle in question. He further submits that
the petitioner has no concern at all with the alleged recovery of
the illicit liquor or the motorcycle in question and he is not the
owner of the said motorcycle in question. He further submits
that there is non-compliance of Section 103/105 of the BNSS,
2023. The petitioner is in custody since 23.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioner, above named, 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 the learned Exclusive
Special Excise Court No.3, Saran at Chapra in connection with
Parsa P.S. Case No. 31 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.22327 of 2026(2) dt.06-04-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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