Patna High Court
Jairam ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Jairam Manjhi was arrested on 4 April 2026 under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 25 litres of country‑made liquor seized in a joint possession. He filed a bail petition claiming a clean antecedent, false implication, and that the seizure list, prepared by police personnel, violated Sections 103 and 105 of the BNSS, 2023. The State opposed the bail. The Court, noting the petitioner’s clean record and the procedural non‑compliance, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay for verification. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- What is the applicability of Sections 103 and 105 of the BNSS, 2023 to the seizure process?
- Whether the petitioner is entitled to bail given the nature of the offence under Section 30(a) of the Bihar Prohibition & Excise Act and his alleged clean antecedent.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- BNSS 2023
- procedural compliance
- clean antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30483 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Jairam Manjhi S/O Late Khedan Manjhi R/O Village- Meera Musehari, P.S -
Muffasil, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Hemant Kumar, learned counsel for the
petitioner and Mr. Arun Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.04.2026, in connection with Sadar Excise P.S. Case No. 81 of
2026, F.I.R. dated 04.04.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 25.00 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that altogether
25.00 litres of country made liquor was recovered from the joint
possession of the petitioner. It appears fom the seizure list that
Patna High Court CR. MISC. No.30483 of 2026(2) dt.05-05-2026
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the seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 04.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
there is non-compliance of Sections 103 and 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 03rd Exclusive Special Excise Court, Saran at
Chapra in connection with Sadar Excise P.S. Case No. 81 of
2026, 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
Patna High Court CR. MISC. No.30483 of 2026(2) dt.05-05-2026
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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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