Pradeep ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30642 of 2026
                        Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Saran
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                 Pradeep Manjhi S/o Late Chhaththu Manjhi R/o Village - Meera Musehari,
                 P.S - Muffasil, District - Saran

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Hemant Kumar
                 For the Opposite Party/s :         Mr. Arun Kumar
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                           Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   04.04.2026 in connection with Sadar Excise P.S. Case No. 81 of

                   2026 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                               3. The case of the prosecution, in brief, is that total 25

                   liters of illicit country made liquor was recovered from the joint

                   possession of accused persons on the spot.

                               4. Learned counsel for the petitioner submits that it

                   appears from the FIR and seizure list that ten liters of country

                   made liquor was recovered from the possession of the accused

                   persons and five liters of country made liquor was recovered

                   from the possession of the petitioner. Learned counsel for the
Patna High Court CR. MISC. No.30642 of 2026(2) dt.06-05-2026
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          petitioner submits that in fact nothing has been recovered from

          the conscious possession of the petitioner rather the police has

          shown the recovery from the possession of the petitioner. It is

          next submitted that from perusal of the seizure list it appears

          that the seizure list witnesses are police personnel so there is

          non-compliance of mandatory provisions of Sections 103 and

          105 of BNSS, 2023. It is next submitted that the co-accused

          person, namely, Jairam Manjhi has been granted bail vide order

          dated 05.05.2026 passed in Cr. Misc. No. 30483 of 2026 and

          petitioner is in custody since 04.04.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of one case.

                       6. Considering the aforesaid facts and circumstances,

          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 the learned Court of

          Exclusive Special Excise Court, Saran at Chapra in connection

          with Sadar Excise P.S. Case No. 81 of 2026, subject to 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
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                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his 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)
Gaurav Sinha/-

U      T