Patna High Court
Sushil Manjhi @ Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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