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Patna High Court

Hari Kishor ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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