Patna High Court
Sanoj ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sanoj Manjhi, was arrested on 26 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after 16.4 litres of country-made liquor were seized behind the house of co‑accused Sabita Devi. The petitioner contended that he was not in possession of the liquor and was implicated merely for being present with the co‑accused, also alleging non‑compliance of Sections 103 and 105 of the BNSS during the seizure. The prosecution opposed bail, highlighting three prior criminal antecedents, though the petitioner was already on bail for those matters. The court examined the facts, the alleged procedural lapses, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Excise Judge, Saran, without delay for verification.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 considering alleged lack of possession and procedural lapses.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- possession
- procedural lapse
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27169 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- PARSA District- Saran
======================================================
Sanoj Manjhi S/o Late Nandelal Manjhi R/o village - Shankardih (Parsa), P.S
- Parsa, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.03.2026 in connection with Parsa P.S. Case No. 149 of 2026,
F.I.R. dated 25.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 16.4liters of country made liquor.
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 nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from behind the house of co-accused Sabita Devi
Patna High Court CR. MISC. No.27169 of 2026(2) dt.22-04-2026
2/3
and the petitioner has been made accused merely on the basis
that he was present with the co-accused, Sabita Devi. She
further submits that seizure list witnesses are police personnel
and there is non-compliance of Section 103 and 105 of BNSS
and the petitioner is in custody since 26.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents 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 matters.
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 3 rd
Exclusive Special Excise Judge, Saran, Chapra in connection
with Parsa P.S. Case No. 149 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
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.27169 of 2026(2) dt.22-04-2026
3/3
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…