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Patna High Court

Sudhir Kumar Manjhi @ Sudhir Manjhi @ Kallu ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.37559 of 2026(2) dt.17-06-2026
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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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