Patna High Court
Munesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail may be granted notwithstanding the alleged seizure and prior offences, provided the petitioner furnishes a bond and undertakes not to commit similar offences.
Summary
The petitioner, Munesh Manjhi, sought bail for a case (PS No. 78 of 2026) alleging possession of 10 litres of illicit country-made liquor, an offence under Sections 30(a) and 37 of the Bihar Prohibition & Excise Act. He claimed innocence, asserted that nothing was seized from his possession, and alleged procedural non‑compliance with Section 105 of the BNSS during the seizure. The State opposed bail, highlighting two prior similar offences. After hearing both sides, the court granted bail on the condition that the petitioner not engage in similar offences, requiring a bail bond of Rs. 10,000 with two sureties. The petitioner was ordered to be released on bail pending further proceedings.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged seizure of illicit liquor and prior criminal antecedents.
- Whether the police complied with Section 105 of the BNSS during the seizure, affecting the validity of the charge.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- Section 105
- prior criminal antecedent
- seizure procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26746 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Munesh Manjhi S/o Late Bigu Manjhi Resident of Village- Rain Shankar,
P.S.- Runnisaidpur, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Runnisaidpur P.S. Case No. 78 of 2026 registered for the
offence punishable under Sections 30(a) and 37 of the Bihar
Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from
the house of the petitioner, altogether 10 liters of illicit country-
made liquor were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.26746 of 2026(2) dt.22-04-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the petitioner is languishing in judicial custody since
02.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge himself in similar nature
of offences in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Excise Court
No. 1, Sitamarhi in connection with Runnisaidpur P.S. Case No.
78 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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