Patna High Court
Munna Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Munna Kumar Manjhi was arrested in connection with the seizure of 311.34 litres of illicit liquor and charged under Section 281 of the Bihar Narcotic and S... Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, that his name appeared only in a disclosure by a local chowkidar, and that the seizure list was prepared by police under Section 105 of the same Act. He also asserted that he had no prior criminal record and had been in judicial custody since 10 April 2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs.10,000 with two sureties, directing compliance with the Exclusive Special Excise Judge, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged involvement in the seizure of illicit liquor.
- Whether the evidence presented by the prosecution (chowkidar disclosure and police seizure list) is sufficient to deny bail.
Legislation cited
- Bihar Narcotic and S... Act — s. 105, 281
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- illicit liquor
- prohibition and excise
- Section 281
- Section 30(a)
- criminal antecedent
- seizure list
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30828 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Munna Kumar Manjhi S/o Sudama Manjhi R/o Village - Dayalpur, P.S - Janta
Bazar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 281 of BNS
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 311.34 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that the name of this petitioner has transpired on
the disclosure made by local chowkidar. The witnesses of the
seizure list are police personnel and police has not complied
Patna High Court CR. MISC. No.30828 of 2026(2) dt.07-05-2026
2/2
Section 105 of BNSS while preparing seizure list. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, he is languishing in
judicial custody since 10.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Janta Bazar P.S. Case No. 89 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 3 rd Exclusive Special Excise
Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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