Patna High Court
Sant Lal ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Sant Lal Manjhi was arrested after 20 litres of illicit liquor were recovered from an open area near his house, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the seizure lacked an independent witness and was based merely on suspicion, citing his criminal antecedents and prolonged custody since 13‑04‑2026. The State opposed bail, emphasizing his prior offences, though noting he was on bail in other cases. The Court considered the circumstances, including the open nature of the recovery site and the petitioner’s right to bail, and ordered his release on a bail bond of Rs.10,000 with two sureties, imposing conditions of a blood relative as a bailor and mandatory court attendance. The bail bond is subject to cancellation if the petitioner fails to appear on two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the evidence and his criminal antecedents
- Whether the lack of an independent witness to the seizure violates mandatory procedural provisions
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- search and seizure
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36157 of 2026
Arising Out of PS. Case No.-125 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Sant Lal Manjhi S/o Late Narayan Manjhi R/o Village - Isuapur, Ward no. 7,
P.S- Isuapur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 20 litres of illicit
liquor was recovered from behind the house of the petitioner.
4. Learned counsel for the petitioner submits that
the recovery has been made near the house, which is an open
place and easily accessible to public. The petitioner was
arrested merely on the basis of suspicion since he had criminal
antecedents of similar nature. There is no independent witness
to the search and seizure thereby causing violation of
mandatory provisions of law. The petitioner is in custody since
13.04.2026.
Patna High Court CR. MISC. No.36157 of 2026(2) dt.09-06-2026
2/2
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has criminal antecedents.
However, in response it has been submitted that the petitioner
is on bail in all other cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned 3 rd Exclusive Special
Excise Court, Saran at Chapra/concerned Court below in
connection with Isuapur P.S. Case No. 125 of 2026 subject to
condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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