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Patna High Court

Sushil Manjhi @ Sushil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond, sureties and conditions.

Summary

The petitioner, Sushil Manjhi, was arrested on 9 March 2026 in connection with a case involving the seizure of 929.88 litres of illicit liquor, alleged to violate Sections 30(a), 36, 38 and 41 of the Bihar Prohibition and Excise Act. He sought bail, arguing that the only evidence against him was the testimony of a co‑accused and that the seizure list witnesses were police, violating procedural provisions of the BNSS Act. The State opposed bail, noting two other similar cases against the petitioner, though he was already on bail in those matters. The Court considered the lack of substantive material linking the petitioner to the offence and the fact that co‑accused had already been granted bail. Consequently, the Court ordered the petitioner’s release on bail with a Rs 10,000 bond, two sureties, and several conditions regarding cooperation, evidence tampering, and verification of criminal antecedents.

Issues considered

  • The adequacy of evidence linking the petitioner to the alleged offences under the Bihar Prohibition and Excise Act.
  • Whether procedural lapses in the seizure process (non‑compliance with Sections 103 and 105 of the BNSS Act) justify granting bail.
  • The impact of the petitioner’s other pending cases on the bail decision.

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • seizure procedure
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30547 of 2026
                        Arising Out of PS. Case No.-755 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Sushil Manjhi @ Sushil Kumar Son of Late Hira Manjhi Resident of village -
                 Shivrahiyan, P.S.- Garkha, District - Saran
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Yash Raj, Advocate
                                                  Mr.Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                          Heard Mr. Yash Raj, learned counsel for the

                   petitioner and Mr.Jai Narain Thakur, learned A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   09.03.2026 in connection with Garkha P.S. Case No. 755 of

                   2025, F.I.R. dated 13.10.2025 registered for the offence

                   punishable under Section 30(a), 36, 38, 41 of Bihar Prohibition

                   and Excise Act.

                                 3. Recovery is of 929.88 litre of illicit liquor.

                                 4. Learned counsel appearing for the petitioner

                   submits that the name of the petitioner has been transpired

                   during investigation on the basis of the disclosure made by co-

                   accused person namely Sita Ram Manjhi and except the

                   aforesaid, no other cogent material has come during

                   investigation against the petitioner to suggest the involvement of
Patna High Court CR. MISC. No.30547 of 2026(2) dt.05-05-2026
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          the petitioner in the present occurrence and the recovery has

          been made from the vehicle in question. It appears from the

          seizure list that the seizure list witnesses are police personnel so

          there is non-compliance of Sections 103 and 105 of BNSS,

          2023. Further submits that co-accused person, namely, Ram

          Pravesh Rai, against whom the similar allegation that he had

          escaped from the place of occurrence along with the petitioner,

          has been granted privilege of anticipatory bail by a Coordinate

          Bench of this Hon’ble Court vide order dated 30.01.2026 passed

          in Cr. Misc. No.4749 of 2026 and co-accused person, namely,

          Sita Ram Manjhi has been granted bail by a Coordinate Bench

          of this Hon’ble Court vide order dated 02.12.2025 passed in Cr.

          Misc. No.82120 of 2025 and the petitioner is in custody since

          09.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          two more case other than the present one of similar nature but

          he fairly submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.30547 of 2026(2) dt.05-05-2026
                                                         3/3




                       each to the satisfaction of learned 1 st Exclusive Special Excise

                       Court, Saran at Chapra in connection with Garkha P.S. Case

                       No. 755 of 2025, with the following conditions:-

                                    (I) 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/her absence on two consecutive dates without sufficient

                       reason, his/her bail bond shall be cancelled by the Court below.

                                    (II) If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (III) 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 antecedent, 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)
Nitesh/-
U        T


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