Patna High Court
Shyam ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Shyam Manjhi, was arrested in connection with a case involving 680 litres of illicit liquor seized under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail, but the court, after considering the custody period and the circumstances, granted regular bail. The court ordered the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 25,000 with the Ramakrishna Mission Ashrama. Additional conditions included monthly attendance at the police station and verification of his criminal antecedents before final acceptance of the bail bonds. The order emphasized that the observations were prima facie and would not affect the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged illicit liquor possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43872 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- DIGHWARA District- Saran
======================================================
Shyam Manjhi S/o Late Deo Jitan Manjhi Resident of Village- Isupur Nawal
Tola, P.S.- Dighwara, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Dighwara P.S. Case No. 58 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 680 liters of illicit
liquor have been recovered near the house of one Dilip Rai. The
petitioner was found running away from the place of
occurrence. The petitioner is in custody since 22.05.2026.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Dighwara P.S. Case
No. 58 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) with
Ramakrishna Mission Ashrama, Latu Maharaj Path,
opposite Circuit House, Chapra, Bihar and shall
produce a valid receipt thereof before the court below.
The bail bonds shall be accepted only after verification
of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Dighwara Police Station on every
Sunday of each month. In the event of default, the bail
bonds shall be liable to be cancelled.
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(iii). Before accepting the bail bonds of the
petitioner, the court below shall verify the petitioner’s
criminal antecedents. If it is found that the petitioner
has any criminal antecedents other than Dighwara P.S.
Case No. 200 of 2026, the bail bonds shall not be
accepted. However, if the petitioner is found to have
only one criminal antecedent, namely Dighwara P.S.
Case No. 200 of 2026, the bail bonds shall be accepted
by the court below.
(iv). However, it is made clear that the
acceptance of the bail bonds shall not be delayed on
the ground of, or in the name of, such verification.
During the process of verification, the petitioner shall
be released on interim bail and upon completion of the
verification, the court below shall pass an appropriate
order in accordance with law.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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