Patna High Court
Hari Kishor ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions, due to non‑compliance with statutory provisions.
Summary
Hari Kishor Manjhi was arrested on 28 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 10 litres of country‑made Mahua liquor. The petitioner contended that the liquor was planted by police and that the seizure violated Sections 103 and 105 of the BNSS, 2023, rendering the recovery illegal. The State opposed bail, noting a similar pending case but acknowledging that the petitioner was already on bail in that matter. The Court examined the alleged procedural lapses and the nature of the offence. Finding non‑compliance with the statutory provisions, the Court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted when the seizure allegedly violates Sections 103 and 105 of the BNSS, 2023.
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition & Excise Act warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- procedural violation
- police planting evidence
- Section 30
- BNSS
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27983 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- PANAPUR District- Saran
======================================================
Hari Kishor Manjhi S/o Late Akabal Manjhi R/o Village - Brit Bhagwanipur ,
P.S. - Panapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Hemant Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
28.03.2026, in connection with Panapur P.S. Case No. 97 of
2026, F.I.R. dated 27.03.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 10 litres of country made Mahua
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. As per FI.R.,
Patna High Court CR. MISC. No.27983 of 2026(2) dt.27-04-2026
2/3
altogether 10 litres of country made Mahua liquor was
recovered from the possession of the petitioner. Learned
counsel for the petitioner submits that in fact nothing has been
recovered from the conscious possession of the petitioner rather
the police has planted the same and shown the recovery has
been made from the possession of the petitioner and apart from
that the seizure list witnesses are the police personnel so there
is non-compliance of Sections 103 and 105 of BNSS, 2023 and
the petitioner is in custody since 28.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103/ 105 of
the BNSS, 2023, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten
Thousand)with two sureties of the like amount each to the
satisfaction of learned 2nd Exclusive Special Excise Judge, Saran
at Chapra in connection with Panapur P.S. Case No. 97 of 2026,
Patna High Court CR. MISC. No.27983 of 2026(2) dt.27-04-2026
3/3
subject to the following conditions :-
(1) 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
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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