Patna High Court
Bharthari ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Bharthari Manjhi was arrested on 2 March 2026 for alleged possession of 4 litres of country‑made liquor and 150‑200 kg of Jawa Mahua, offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the seized items were found in a house that is jointly owned and that he is not the absolute owner, and argued that the seizure was effected without compliance of Section 100 of the Criminal Procedure Code. The prosecution pointed out a prior criminal antecedent of a similar nature, though the petitioner was already on bail in that case. The High Court examined the facts, the procedural lapses alleged, and the relevance of the prior record, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order also directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance with Section 100 of the Cr.P.C. affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 100, 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30
- Bihar
- joint property
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26503 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Bharthari Manjhi Son of Badri Manjhi Resident of Village - Panghara, P.S.-
Ramgarh Chowk, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Ms. Veena Kumari Jaiswal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.03.2026 in connection with Ramgarh P.S. Case No. 51 of
2026, F.I.R. dated 01.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 4 liters of country made liquor and
150-200 kg of Jawa Mahua.
4. Learned counsel for the petitioner submits that
petitioner is innocent 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 altogether 4 liters of country made
liquor and 150-200 kg of Jawa Mahua were recovered from the
Patna High Court CR. MISC. No.26503 of 2026(2) dt.22-04-2026
2/3
house of the petitioner and the same was destroyed. He next
submits that petitioner is not the absolute owner of the house in
question rather it is the joint house property of the petitioner. He
further submits that seizure list witnesses are police personnel
and there is non-compliance of Section 100 of Cr.P.C/103 of
BNSS and the petitioner is in custody since 02.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
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 District &
Additional Sessions Judge IV-cum-Special Excise Court I,
Lakhisarai in connection with Ramgarh P.S. Case No. 51 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
Patna High Court CR. MISC. No.26503 of 2026(2) dt.22-04-2026
3/3
on his absence on two consecutive dates without sufficient
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)
Suruchi/-
U T
Checking your session…