Patna High Court
Ram Bilash ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that bail should be granted as the petitioner’s personal culpability was not established and the facts did not warrant continued detention.
Summary
The petitioner, Ram Bilash Manjhi, was arrested in connection with a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly possessing five litres of illicit liquor recovered from his house. He contended that he was falsely implicated and that the liquor was not in his conscious possession, noting that he had been in judicial custody since 22‑04‑2026 and possessed only one prior criminal antecedent. The State opposed his regular bail, emphasizing that the liquor was recovered from the joint family residence, which is deemed joint possession. The court examined the facts, the nature of joint possession, and the petitioner’s limited criminal history. Concluding that the circumstances did not justify denial of bail, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022 given the recovery of illicit liquor from a jointly owned residence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c)
Subjects
- bail
- illicit liquor
- prohibition law
- joint possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34748 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- SHEKHPURA District- Sheikhpura
======================================================
Ram Bilash Manjhi S/O Late Preman Manjhi R/O Mohalla- Nagar Mushari
(Mahadeo Nagar), P.S.- Sheikhpura, Distt.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is in custody in connection with
Sheikhpura P.S Case No. 86 of 2026 registered for the offences
punishable under Sections 30(a) and 30(c) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per prosecution case, total 5 litres of illicit liquor
from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that nothing has been recovered from the conscious
possession of the petitioner. It is also submitted that petitioner is
in judicial custody since 22.04.2026.
Patna High Court CR. MISC. No.34748 of 2026(2) dt.20-05-2026
2/2
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that total 5 litres of illicit liquor were recovered from
the house of the petitioner which is a joint possession of the
petitioner. Petitioner is residing in the joint family in the
aforesaid house. Petitioner is in custody since 22.04.2026 and
has got only one criminal antecedent as stated in paragraph no. 3
of the bail petition.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released 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, Sheikhpura in connection with
Sheikhpura P.S Case No. 86 of 2026.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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