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Patna High Court

Munesh ManjhiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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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