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Patna High Court

Garbhu ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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