Pankaj ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40027 of 2026
                 Arising Out of PS. Case No.-150 Year-2026 Thana- MADHUBAN District- East Champaran
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                 Pankaj Manjhi S/o Late Aklu Manjhi R/o Village - Vishunpur Tara Musahari
                 Tola, P.S - Madhuban, District - East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Raki Alam, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar Roy, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                     Heard       Mr. Raki Alam, learned counsel for the

                   petitioner and Mr. Abhay Kumar Roy, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   20.04.2026, in connection with Madhuban P.S. Case No. 150 of

                   2026, F.I.R. dated 19.04.2026               registered for the offences

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

                   Excise Act.

                                3. Recovery is of 75.00 litres of 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 of the petitioner

                   rather recovery has been made behind the house of co-accused
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          person, namely, Sunaina Devi and petitioner has been made

          accused merely on the basis of suspicion.               Although the

          petitioner was apprehended at the place of occurrence and there

          is non-compliance of Sections 103 and 105 of BNSS, 2023 and

          the petitioner is in custody since 20.04.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail 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 Exclusive Special Excise Coiurt No. 3,

          East Champaran, Motihari in connection with Madhuban P.S.

          Case No. 150 of 2026, subject to the following conditions :-

                        (1) 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 her absence on two consecutive dates without sufficient
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                         reason, her 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 her

                         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//-

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