Patna High Court
Nanhak ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to a cash bond, two sureties, a charitable donation, and mandatory weekly police station attendance.
Summary
The petitioner, Nanhak Manjhi, was arrested for possession of 80 litres of illicit country-made liquor near his residence, alleged under sections 30(a), 32 and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2022. He applied for regular bail, claiming innocence, having only one prior criminal record, and having been in custody since 19 April 2026. The petitioner offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramakrishna Mission Ashrama, and attend the Lakhaura Police Station every Sunday, failing which bail may be cancelled.
Issues considered
- Whether regular bail should be granted to the accused in a case under sections 30(a), 32 and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the petitioner’s claim of innocence, limited criminal antecedent, and willingness to make a charitable donation justify bail.
- What conditions may be imposed on bail in such offences.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a), 32, 41
Subjects
- bail
- prohibition law
- illicit liquor
- excise
- criminal procedure
- Bihar Prohibition & Excise Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43300 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- LAKHAURA District- East Champaran
======================================================
Nanhak Manjhi S/o Ramnath Manjhi @ Ramesh Manjhi Resident of village -
Barwa Mushahari Tola, P.S.- Lakhaura, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in a case registered
for the offence under sections 30(a)/ 32/ 41 of the Bihar
Prohibition & Excise (Amendment) Act, 2022.
3. The recovery is of 80 litres of illicit country-made
liquor near the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has one criminal antecedent. He
further submits that the petitioner is in custody since 19.04.2026
without any fault.
5. Learned counsel for the petitioner also submits that
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the petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 1,
East Champaran at Motihari/ concerned Court below, in
connection with Lakhaura P.S. Case No. 91 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Lakhaura Police Station, District- East Champaran on every
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Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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