Patna High Court
Tinku ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners.
Summary
The petitioners, Tinku Manjhi and Md. Abbas Alam, were arrested in connection with an excise case (Case No. 4271/2025) for allegedly transporting 240 litres of liquor, violating Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, had no incriminating articles in their possession, were not owners of the vehicle, and lacked knowledge of the goods carried. The State opposed bail, while the petitioners highlighted their clean record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, considering the circumstances and the period of custody, decided to grant bail, ordering each petitioner to furnish a bail bond of Rs. 15,000 with two sureties and imposing conditions regarding family surety and regular court appearances. The bail was granted subject to these conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.
- Whether the lack of ownership, absence of incriminating articles, and the petitioners' claim of no knowledge of the goods justify bail.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- liquor
- false implication
- ownership
- driver
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5033 of 2026
Arising Out of PS. Case No.-4271 Year-2025 Thana- Excise P.S. District- Patna
======================================================
1. Tinku Manjhi S/o- Yogendra Manjhi @ Jogindar Manjhi Village- Lohanipur
PS-Kadamkuan Distt- Patna
2. Md. Abbas (Abaas) Alam S/o- Md. Munna R/v- Pharsi Mohalla Mokama Ps-
Mokama Dist- Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seeks bail in connection with Patna
Excise P.S. Case No. 4271/2025 instituted for the offences
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 240 litres
of liquor was recovered from tempo.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no. 2 is the driver of the vehicle in
question but he had no knowledge regarding the goods loaded in
the vehicle whereas petitioner no. 1 is the passerby of the way
and has become victim of circumstances. The petitioners are in
custody since 20.12.2025 and have no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Patna Excise P.S.
Case No. 4271/2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
atul/-
U T
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