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Patna High Court

Prori Manjhi @ Ram Ayodhya ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to strict conditions, despite his prior misuse of bail.

Summary

The petitioner, Prori Manjhi, applied for bail in a case registered under Section 47(a) of the Bihar Prohibition and Excise Act. He had previously been granted bail three times, each of which was later cancelled for alleged misuse of the privilege, leading to his custody since June 4, 2026. The State opposed further bail, arguing that the petitioner repeatedly violated bail conditions and would likely continue to do so, jeopardising the trial. The court examined the history of bail cancellations, the provisions of the Criminal Procedure Code and Section 480(3) of the BNSS, and considered the petitioner’s undertaking not to misuse bail. Despite the petitioner’s record, the court ordered his release on bail with a bond of Rs.10,000, two sureties, and specific conditions, including attendance at all court dates and a close relative as one bailor. The trial was directed to continue on a day‑to‑day basis.

Issues considered

  • Whether bail should be granted to a petitioner who has repeatedly misused bail privileges.
  • Whether the conditions imposed under Section 480(3) of the BNSS are sufficient to prevent further misuse.
  • Whether the provisions of Sections 82 and 83 of the Cr.P.C. affect the grant of bail in this case.

Legislation cited

Subjects

  • bail
  • misuse of bail
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • Section 47(a)
  • Section 480(3) BNSS
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42096 of 2026
                      Arising Out of PS. Case No.-49 Year-2001 Thana- MADHAURAH District- Saran
                 ======================================================
                 Prori Manjhi @ Ram Ayodhya Manjhi, Son of Late Saheju Manjhi, Resident
                 of Village - Mirzapur, Police Station - Marhowrah, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashad, Advocate
                 For the Opposite Party/s :      Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Marhowrah P.S. Case No. 49 of 2001,

                   registered for the alleged offence under Section 47(a) of Bihar

                   Prohibiton and Excise Act.

                                 3. It is a case of misuse of privilege of bail by the

                   petitioner.

                                 4. The learned counsel for the petitioner submits that

                   the petitioner was granted bail on 23.03.2001, but his bail bond

                   was cancelled on 08.08.2003 and process under Sections 82 &

                   83 of Cr.P.C. was issued. Thereafter, the petitioner surrendered

                   and was again released on bail. But due to absence of the

                   petitioner, his bail bond was again cancelled on 01.12.2022. The
Patna High Court CR. MISC. No.42096 of 2026(2) dt.01-07-2026
                                            2/3




          learned counsel further submits that the petitioner was

          apprehended for the offence under Section 47(a) of Excise Act.

          The learned counsel further submits that the             petitioner

          undertakes not to misuse the privilege of bail in future and he

          will remain present on each and every date before the learned

          trial court if released on bail. The petitioner is in custody since

          04.06.2026 and is having antecedent of one case.

                       5. The learned APP vehemently opposes the

          submission made on behalf of the petitioner. The learned APP

          submits that the petitioner has misused the privilege of bail with

          impunity and on four occasions, his bail bond was cancelled and

          if he is again granted bail, he would certainly misuse the

          privilege of bail and the trial would never be completed.

                       6. Having regard to the facts and circumstances and

          submissions made here-in-above and considering the period of

          custody of the petitioner due to misuse of privilege of bail, the

          petitioner above named is directed to be released on bail on

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned 2 nd

          Exclusive Special Excise Judge, Saran at Chapra, in connection

          with Marhowrah P.S. Case No. 49/2001, subject to the

          conditions mentioned in Section 480 (3) of the BNSS and also
           Patna High Court CR. MISC. No.42096 of 2026(2) dt.01-07-2026
                                                       3/3




                     the following conditions :

                                   (i) One of the bailors will be a close relative of

                                   the petitioner.

                                   (ii) The petitioner will remain present on each

                                   and every date fixed by the court below.

                                   (iii) In case of absence on two consecutive dates

                                   or in violation of the terms of the bail, the bail

                                   bond of the petitioner will be liable to be

                                   cancelled by the court concerned.

                                However, considering the fact that the matter is quite

                     old, the learned trial court would continue the trial on day to

                     day basis.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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