Patna High Court
Shatrughan Manjhi @ Shatrudhan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic and Substance Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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