Patna High Court
Mithilesh Kumar Manjhi @ Mithlesh Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted, directing the petitioner’s release on bail with specified conditions.
Summary
The petitioner, Mithilesh Kumar Manjhi, was arrested for allegedly transporting 40 litres of illicit country-made liquor on his scooter, contravening Section 30(a) of the Bihar Prohibition & Excise Act. He applied for bail, claiming innocence and asserting that no incriminating material was recovered from him, while also alleging violations of Sections 103 and 105 of the BNSS. The State opposed the bail application. The court examined the nature of the alleged offence, the lack of physical recovery, the petitioner’s custody period since 22 May 2026, and his antecedent cases. Considering these factors, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as one bailor and compliance with court dates, with cancellation provisions for non‑appearance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the alleged violations of Sections 103 and 105 of the BNSS affect the bail eligibility.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 103, 105, 480(3)
Subjects
- bail
- illicit liquor
- prohibition act
- excise law
- criminal procedure
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42122 of 2026
Arising Out of PS. Case No.-284 Year-2026 Thana- PARSA District- Saran
======================================================
Mithilesh Kumar Manjhi @ Mithlesh Kumar Manjhi, S/O Late Bhola Manjhi,
Resident of village- Parsa, Shankar Dih, (Parsha Shankar Deeh), PS- Parsa
(Parsha), 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 : Mrs. Meena Singh, 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 Parsa P.S. Case No. 284 of 2026, registered for
the alleged offence under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. As per prosecution case, the petitioner was
apprehended transporting 40 liters of illicit country made liquor
on his Scooty.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. There is violation of
Patna High Court CR. MISC. No.42122 of 2026(2) dt.01-07-2026
2/3
provision of Sections 103 & 105 of BNSS. The petitioner is in
custody since 22.05.2026 and is having antecedent of two
cases.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and further considering the period of custody
of the petitioner, 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 Exclusve Special Excise Court No.3,
Saran at Chapra/court concerned in connection with Parsa P.S.
Case No. 284 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and 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 three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
Patna High Court CR. MISC. No.42122 of 2026(2) dt.01-07-2026
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cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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