Patna High Court
Jitendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Jitendra Manjhi was arrested in connection with the alleged possession of 30 litres of illicit country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, asserted that no liquor was actually recovered from his possession, and alleged that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 4 May 2026. The State opposed the bail application. After hearing both sides, the Patna High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge‑II, Saran.
Issues considered
- What is the applicability of regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
- Does the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affect the grant of bail?
- Should the petitioner’s clean record and period of pre‑trial detention influence the bail decision?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- procedural lapse
- Section 105 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40954 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- Gaura P.S. District- Saran
======================================================
Jitendra Manjhi Son of Late Jamuna Manjhi R/o Village - Sherpur, P.S -
Gaura, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the possession of this petitioner, 30 liters of illicit country made
liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that nothing has been recovered from the
possession of this petitioner. It has further been submitted that
the witnesses of the seizure list are police personnel. Police has
Patna High Court CR. MISC. No.40954 of 2026(2) dt.23-06-2026
2/2
not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 04.05.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gaura P.S. Case No. 149 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court of Special Judge-II,
Saran.
(Ashok Kumar Pandey, J)
lata/-
U T
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