Patna High Court
Garbhu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
Garbhu Manjhi was arrested on 30 January 2026 after police seized 200.5 litres of country‑made liquor from his residence in connection with an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner filed a bail application, asserting that he has a clean antecedent and that the seizure list was prepared solely by police officers, thereby violating Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed the bail, but the court noted the non‑compliance of procedural safeguards and the petitioner’s lack of prior convictions. Considering the nature of the offence, the petitioner’s clean record, and the procedural lapses, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s antecedent but not to delay the bail on that ground.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the alleged non‑compliance with Sections 103 and 105 of the B.N.S.S., 2023 affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- prohibition act
- excise
- country‑made liquor
- clean antecedent
- procedural compliance
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30551 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- MEHSI District- East Champaran
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Garbhu Manjhi son of Chhatu Manjhi Resident of Village-Kataha Balua
Bazar (Kataha Bahuwa Bazar), ,P.S-Mehsi ,District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.,(A.P.P.)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr.Vijay Shankar Shrivastava, learned counsel
for the petitioner and Mr.Braj Kishore Pd., learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
30.01.2026 in connection with Mehsi P.S. Case No. 33 of
2026, F.I.R. dated 30.01.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2022.
3. Recovery is of 200.5 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
altogether 200.5 liters of country made liquor was recovered
from the house of the petitioner. Learned counsel for the
Patna High Court CR. MISC. No.30551 of 2026(2) dt.05-05-2026
2/3
petitioner submits that 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 the B.N.S.S., 2023 and
the police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 30.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, 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 each to the satisfaction of learned Sri
Brajesh Kumar Mishra, Exclusive Special Exice Court No 3,
Civil Court East Champaran at Motihari in connection with
Mehsi P.S. Case No. 33 of 2026,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.
Patna High Court CR. MISC. No.30551 of 2026(2) dt.05-05-2026
3/3
(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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