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Patna High Court

Govind ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  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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