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Patna High Court

Shatrughan Manjhi @ Shatrudhan ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to bail in the present case.

Summary

Petitioners Shatrughan Manjhi and Ajit Kumar were arrested on 12 February 2026 in connection with the seizure of 1,200.96 litres of Indian-made foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was recovered from a truck they did not own and that no liquor was found in their conscious possession, asserting a clean antecedent and alleging non‑compliance of Sections 103 and 105 of the BNSS, 2023 by the investigating authorities. The State opposed bail. The Court, noting the petitioners' clean record, the lack of direct possession, and the procedural lapses, granted bail on a bond of Rs. 10,000 each with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents but prohibited delay in accepting the bond. Consequently, the petitioners were released on bail pending trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of seizure and alleged non‑possession.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
  • Whether the clean antecedent of the petitioners influences the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure of liquor
  • non‑compliance of statutory provisions
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24434 of 2026
                            Arising Out of PS. Case No.-29 Year-2026 Thana- Bahera District- Gaya
                 ======================================================
           1.     Shatrughan Manjhi @ Shatrudhan Manjhi S/O Late Mangar Manjhi
                  Resident of Village- Bijapur, P.S- Mahkar, District- Gaya, Bihar.
           2.    Ajit Kumar S/O Late Rajesh Ram @ Late Rajesh Das R/O Village/Mohalla-
                 Kolhaura, P.S- Atari, Dist.- Gaya, Bihar.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :        Mr. Arihant Singh, Advocate
                                                     Mr. Avinash Kumar, Advocate
                 For the Opposite Party/s :          Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                   Heard Mr. Arihant Singh, learned counsel for the

                   petitioners and Mr. Parmanand Prasad, learned APP for the

                   State.

                                 2. Petitioners seek bail, who are in custody since

                   12.02.2026 in connection with Bahera P.S. Case No. 29 of 2026,

                   F.I.R. dated 12.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act

                                 3. Recovery is of 1200.96 litres of Indian made

                   foreign liquor.

                                 4. Learned counsel for the petitioners submit that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. It appears from the FIR as well as
Patna High Court CR. MISC. No.24434 of 2026(2) dt.15-04-2026
                                            2/3




          the seizure list that nothing has been recovered from conscious

          possession of the petitioners rather the recovery has been made

          from the truck in question and altogether 1200.96 litres of

          Indian made Foreign liquor was recovered and the petitioners

          are not the owner of the truck in question. Apart from aforesaid,

          there is non-compliance of Section 103/105 of the BNSS, 2023

          and Seizure list witnesses are Police personnel. Petitioners are in

          custody since 12.02.2026.

                       5. Learned APP for the State on the other hand

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioners and there is non-

          compliance of Section 103/105 of the BNSS, 2023, let the

          petitioners, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) each with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise- 5, Gaya in connection with Bahera P.S.

          Case No. 29 of 2026, with the following conditions:

                       i. Petitioners 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 her absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.24434 of 2026(2) dt.15-04-2026
                                                        3/3




                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)

Ranjeet/-

U      T


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