Patna High Court
Govind ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Govind Manjhi, was arrested on 21 April 2026 in connection with a case alleging the recovery of 546 litres of country-made mahua and 6.48 litres of foreign liquor from a local nala, under Section 30(a) of the Bihar Excise and Prohibition Act. He pleaded that he has a clean antecedent and was implicated only on suspicion, with no liquor recovered from his conscious possession. The State opposed his bail, arguing the seriousness of the offence. The Court examined the facts, noting the lack of direct evidence linking the petitioner to the seized liquor, and considered his clean record. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise and Prohibition Act given the nature of the alleged offence and the evidentiary circumstances.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise and Prohibition Act
- Section 30(a)
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36745 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Govind Manjhi Son of Shesh Narayan Manjhi Resident Of Village-
Mansurganj Musahari, Ps- Malsalami, Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr. Arvind Prasad Singh, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.04.2026 in connection with Malsalami P.S. Case No. 41 of
2026 for the offence punishable under Section 30(a) of the Bihar
Excise and Prohibition Act.
3. The case of the prosecution, in brief, is that there is
an allegation of recovery of 546 liters of country made mahua
and 6.48 liters of foreign liquor from Mansurganj Musahari
Nala.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and has falsely been implicated
in the present case. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.36745 of 2026(2) dt.15-06-2026
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that it appears from the FIR and seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather the recovery of 546 liters of country made mahua and
6.48 liters of foreign liquor have been made from Mansurganj
Musahari Nala. It is next submitted that petitioner has been
made an accused in this case based on suspicion and except the
aforesaid nothing has come during the investigation to suggest
the involvement of the petitioner with the present occurrence
and petitioner is in custody since 21.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise, Patna City in connection with Malsalami P.S.
Case No. 41 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.36745 of 2026(2) dt.15-06-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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