Patna High Court
Sunil ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to petitioners 1, 2, 4, 5 and 6 subject to conditions, and the petition of the deceased petitioner 3 is dismissed as withdrawn.
Summary
The Patna High Court heard a petition filed by six individuals (the Manjhi brothers) seeking bail in connection with a 2023 excise case (Sigori P.S. Case No. 148) alleging offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. One petitioner, Fekan Manjhi (Petitioner No.3), died during the pendency, and the court allowed the petition to be withdrawn against him. The remaining petitioners argued that no seizure was made from their houses and that the prosecution’s recovery figures were inconsistent, suggesting false allegations. The State opposed the bail application. Considering the vague and doubtful nature of the allegations and the possibility of false prosecution, the court granted bail to petitioners 1, 2, 4, 5 and 6 on a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS and other directions, while dismissing the petition of the deceased petitioner.
Issues considered
- What is the appropriateness of granting bail to the petitioners under Section 482(2) of the BNSS in view of the alleged offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act?
- Whether the allegations against the petitioners are sufficiently specific and credible to deny bail, given the claim of false and vague accusations?
Legislation cited
- Bihar Negotiable and Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
Subjects
- bail
- false allegations
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- high court
- excise case
- illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27505 of 2026
Arising Out of PS. Case No.-148 Year-2023 Thana- SIGAUDI District- Patna
======================================================
1. Sunil Manjhi S/o Ram Iqbal Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.-
Sigori, Distt.- Patna
2. Shambhu Manjhi S/o Makai Manjhi R/o vill - Nadaul, Mathiya Narauli,
P.S.- Sigori, Distt.- Patna
3. Fekan Manjhi @ Raj Kumar Manjhi S/o Somar Manjhi R/o vill - Nadaul,
Mathiya Narauli, P.S.- Sigori, Distt.- Patna
4. Sharwan Manjhi S/o Bindeshwari Manjhi R/o vill - Nadaul, Mathiya
Narauli, P.S.- Sigori, Distt.- Patna
5. Kamlesh Manjhi S/o Bhagat Manjhi R/o vill - Nadaul, Mathiya Narauli,
P.S.- Sigori, Distt.- Patna
6. Anil Manjhi S/o Bokhari Manjhi R/o vill - Nadaul, Mathiya Narauli, P.S.-
Sigori, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar,
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-05-2026 Learned counsel for the petitioner seeks permission to
withdraw this petition with respect to petitioner no. 3 Fekan
Manjhi @ Raj Kumar Manjhi as the said petitioner has died
during the pendency of this petition.
02. Permission is accorded.
03. Accordingly, the present petition is dismissed as
withdrawn as against the petitioner no.3, Fekan Manjhi @ Raj
Kumar Manjhi.
Patna High Court CR. MISC. No.27505 of 2026(2) dt.01-05-2026
2/4
04. Heard learned counsel for the petitioner nos. 1, 2,
4, 5 and 6 and learned APP for the State.
05. In the present case, the petitioners are apprehending
their arrest in connection with Sigori P.S. Case No. 148 of 2023
registered for the alleged offences under Section 30(a) and 30(c) of
the Bihar Prohibition and Excise Act.
06. As per prosecution case, in a follow-up action after
an excise team was attacked by the villagers of village Narauli
Mathia, a police team was constituted and extensive searches were
conducted. Huge quantities of raw materials for manufacture of
illicit country made liquor was recovered and destroyed. Recovery
of 2 litres of country made Mahua liquor was also made from the
house of coaccused Sangeeta Devi. Further allegation is of
recovery of raw materials for making illicit liquor from the house
of the petitioners.
07. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. No recovery has been made from the house of the petitioners
and this fact is clear from the seizure lists. There are two seizure
lists and 1st seizure list shows recovery from the house of
coaccused Sangeeta Devi whereas 2nd seizure list shows recovery
from the house of coaccused Subhash Yadav and Rabindra Yadav
but there is no seizure list for recovery from the house of the
Patna High Court CR. MISC. No.27505 of 2026(2) dt.01-05-2026
3/4
petitioners and this shows false allegations against the petitioners
who are men of clean antecedent. Total quantity of recovered raw
material differs in the written report of the FIR and the seizure lists
which shows falsification of the case of the police.
08. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioners.
09. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
vague and doubtful nature of allegation against the petitioners and
further considering possibility of false allegation, let the
petitioner nos. 1, 2, 4, 5 and 6, namely, Sunil Manjhi, Shambhu
Manjhi, Sharwan Manjhi, Kamlesh Manjhi & Anil Manjhi in the
event of their arrest or surrender before the court concerned within
a period of eight weeks from today, be released on bail, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
of learned Court of Special Excise Judge, Danapur in connection
with Sigori P.S. Case No. 148 of 2023, subject to the condition laid
down under Section 482(2) of the BNSS and other following
conditions:
(i) One of the bailors will be a
close relative of the petitioners.
(ii) The petitioners will remain
Patna High Court CR. MISC. No.27505 of 2026(2) dt.01-05-2026
4/4
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.