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Patna High Court

Sant Lal ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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