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Patna High Court

Sunny Deol ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Sunny Deol Manjhi was arrested on 23 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged possession of 20 litres of illicit country-made liquor recovered behind his house. The petitioner claimed a clean antecedent and argued that no liquor was found in his conscious possession, contending that the charge was based merely on suspicion and that the seizure process violated Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The State opposed bail, emphasizing the recovery of the liquor. The Court, noting the lack of seizure from the petitioner’s possession and the alleged procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023.
  • Whether the petitioner is entitled to bail under the provisions applicable to offences under Section 30(a) of the Bihar Prohibition & Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • seizure
  • procedural compliance
  • criminal antecedent
  • Section 30(a)
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37358 of 2026
                        Arising Out of PS. Case No.-141 Year-2026 Thana- ISUAPUR District- Saran
                 ======================================================
                 Sunny Deol Manjhi Son of Lal Bahadur Manjhi Resident of Village -
                 Nipaniya Ps- Isuapur, Dist- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Harsh Anuj, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                     Heard Mr. Harsh Anuj, learned counsel for the

                   petitioner and Mr. Shantanu Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   23.04.2026, in connection with Isuapur P.S. Case No. 141 of

                   2026, F.I.R. dated 22.04.2026                 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 20 litres of illicit country made

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.               He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has

                   been recovered from the conscious possession or the house of
Patna High Court CR. MISC. No.37358 of 2026(2) dt.16-06-2026
                                            2/3




          the petitioner rather recovery has been made behind the house of

          the petitioner and petitioner has been made accused in the

          present case merely on the basis of suspicion. It appears from

          the F.I.R as well as seizure list that the seizure list witnesses are

          police personnel so there is non-compliance of Sections 103

          and 105 of BNSS, 2023 and the petitioner is in custody since

          22.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that 20 litres of illicit liquor has been

          recovered behind the house of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, 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 learned 3rd Exclusive Special Excise Judge,

          Saran at Chapra in connection with Isuapur P.S. Case No. 141 of

          2026, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.37358 of 2026(2) dt.16-06-2026
                                                           3/3




                         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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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