Patna High Court
Mukesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted because the mandatory provisions of search and seizure were violated and the petitioner was not in personal possession of the contraband.
Summary
The petitioner, Mukesh Manjhi, was arrested in connection with the alleged possession of 150 litres of country‑made liquor, alleged to violate Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not arrested on the spot, that the liquor was not in his personal possession, and that the search and seizure violated mandatory procedural requirements because the house is joint family property and there was no independent witness. The State opposed bail, citing a prior similar criminal antecedent, but also noted that the petitioner was already on bail in a related case. The Court examined the procedural lapses in the search and seizure and held that such violations outweigh the concerns raised by the State. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of a family member as a bailor and cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner under the applicable sections of the Bihar Narcotic Substances Act and Bihar Prohibition and Excise Act despite alleged violations of mandatory search‑seizure provisions.
- Whether the petitioner’s prior criminal antecedent of a similar nature precludes the grant of bail.
- Whether the joint family ownership of the premises negates the requirement of personal or conscious possession for the offences charged.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- search and seizure
- mandatory procedural requirements
- illegal liquor
- criminal antecedent
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36515 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- TURKAULIYA District- East Champaran
======================================================
Mukesh Manjhi S/o Late Visun Manjhi @ Birshun Manjhi Resident of
village- Shankar Saraiya, Parsauni Mushahari, P.S- Turkauliya, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 11-06-2026 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 274, 275 and 3(5) of the
B.N.S. and Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 150 litres of country
made liquor has been recovered from the house of the
petitioner and one Sukesh Manjhi.
4. Learned counsel for the petitioner submits that
the petitioner was not arrested on the spot. There is no recovery
from his personal or conscious possession. The house of the
petitioner is a joint family property. Further, there is no
independent witness to the search and seizure, as such, the
mandatory provisions have been violated. One of the co-
accused, Lakhu Manjhi has been granted the privilege of bail
Patna High Court CR. MISC. No.36515 of 2026(2) dt.11-06-2026
2/2
by a Co-ordinate Bench of this Court vide order dated
08.04.2026 passed in Cr. Misc. No.23209 of 2026 (Annexure-
2). The petitioner is in custody since 13.04.2026.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has one criminal
antecedent of similar nature. However, in response it has been
submitted that the petitioner is on bail in the said case.
6. Taking into consideration the facts and
circumstances and considering the fact that mandatory
provisions of search and seizure have been violated, 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
Exclusive Special Excise Court No.1, East Champaran,
Motihari/concerned Court below in connection with Turkuliya
P.S. Case No. 01 of 2026 subject to condition that:-
(i) One of the bailors shall be a family
member/close relative.
(ii) The petitioner shall co-operate in the
trial/investigation.
(Soni Shrivastava, J)
anand/-
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