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Patna High Court

Godhan Manjhi @ Uday PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties of the same amount, surrender within eight weeks, and compliance with Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Godhan Manjhi, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 36 litres of illicit country-made spirit recovered near Badka Canal. The FIR named him based on the testimony of a local chowkidar, but no incriminating article was found in his possession. The petitioner argued that the case was founded solely on suspicion and that he posed no flight risk. The State opposed bail, contending the seriousness of the offence. The Court, after considering the facts, ordered that bail be granted provided the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties of equal amount, and complies with conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act when the only evidence is suspicion and no material was recovered from his possession.
  • Whether the petitioner poses a risk of fleeing or tampering with evidence.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are appropriate for granting bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • suspicion
  • Section 30(a)
  • Section 482(2)
  • Bihar
  • illegal liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30582 of 2026
                        Arising Out of PS. Case No.-316 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Godhan Manjhi @ Uday Paswan S/O Chandradeep Manjhi R/O Village-
                 Pokkhrera, P.s.- Taraiya, Dist.- Saran.
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Kumar
                 For the Opposite Party/s :        Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-07-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. As per F.I.R., 36 liters of illicit country-made/spirit

                   liquor was recovered from a bush near the bank of badka canal

                   and petitioner has been named by local chowkidar, as the person

                   who fled away from the spot.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the conscious

                   possession of petitioner and has been implicated in this case

                   only on suspicion.

                                5. Learned A.P.P. for the State has opposed the bail

                   petition.
           Patna High Court CR. MISC. No.30582 of 2026(3) dt.02-07-2026
                                                       2/2




                                  6. Considering the aforesaid facts & circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Exclusive Special Excise Court – 3, Saran at Chapra           in

                     connection with Taraiya P.S. Case No. 316 of 2025, subject to

                     condition as laid down under Section 482(2) of the B.N.S.S.,

                     2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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