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Patna High Court

Ram Bilash ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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