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Patna High Court

Munna Kumar Manjhi @ Munna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Munna Kumar Manjhi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 10 litres of country-made liquor recovered from land belonging to another person. He claimed innocence, arguing that no incriminating material was found in his possession and that he had no link to the recovered liquor. The prosecution opposed his bail, seeking continued custody. The court, considering the lack of direct evidence against him and the period he had already spent in custody since 27 March 2026, decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount, to be satisfied before the Special Judge handling the case. The court clarified that its observations were prima facie and not a determination on the merits of the underlying offence.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his arrest and custody.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • illegal liquor
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29958 of 2026
                        Arising Out of PS. Case No.-96 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Munna Kumar Manjhi @ Munna Kumar Son of Chandrika Manjhi Resident
                 of village - Khajuri, P. S - Panapur, District - Saran
                                                                               ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar
                 For the Opposite Party/s :       Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Panapur P.S. Case No. 96 of 2026 registered for

                   the offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case is that 10 liters of Mahua

                   country made liquor was recovered from a plot of land

                   belonging to Tribhuvan Singh.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   in custody since 27.03.2026 and has got one criminal
           Patna High Court CR. MISC. No.29958 of 2026(2) dt.06-05-2026
                                                       2/2




                     antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of               the

                     learned Court of 2nd Exclusive Special Judge, Saran at

                     Chapra/concerned Court in connection with Panapur P.S. Case

                     No. 96 of 2026.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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