Patna High Court
Sudhir Kumar Manjhi @ Sudhir Manjhi @ Kallu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
Sudhir Kumar Manjhi was arrested on 17 April 2026 in connection with a case involving the seizure of 207.54 litres of foreign liquor from a house he constructed but did not own, under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed innocence, arguing that the liquor was not in his conscious possession and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The prosecution opposed bail, citing a prior similar criminal antecedent, though it noted the petitioner was already on bail in the same matter. The court examined the facts, the nature of the offence, and the petitioner’s claim of non‑ownership, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order also stipulated cancellation of the bond if the petitioner fails to appear on two consecutive dates or conceals his criminal history.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 considering the seizure of foreign liquor and alleged procedural lapses.
- Whether the prior criminal antecedent of the accused warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition act
- illegal liquor
- seizure
- criminal antecedent
- Section 30(a)
- Bihar
- excise
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37559 of 2026
Arising Out of PS. Case No.-439 Year-2026 Thana- GARKHA District- Saran
======================================================
Sudhir Kumar Manjhi @ Sudhir Manjhi @ Kallu Manjhi S/o Tirth Manjhi
Resident of Village - Jalal Basant, P.S.- Garkha, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Ravi Shanker Pankaj, learned counsel
for the petitioner and Mr. Rajendra Prasad Nat, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.04.2026 in connection with Garakha P.S. Case No. 439 of
2026, F.I.R. dated 16.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 207.54 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been 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 of the petitioner rather the recovery has
been made from constructed house of the petitioner and
Patna High Court CR. MISC. No.37559 of 2026(2) dt.17-06-2026
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petitioner is not the absolute owner of the house in question. He
further submits that there is non-compliance of Section 103 and
105 of BNSS. The petitioner is in custody since17.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
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 1 st
Exclusive Special Excise Judge, Saran, Chapra in connection
with Garakha P.S. Case No. 439 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.
ii. If the petitioner tampers with the evidence or the
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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)
Suruchi/-
U T
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