Patna High Court
Jai Prakash Manjhi @ Bigan Manjhi @ Digan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond, sureties and conditions of appearance.
Summary
The petitioner, Jai Prakash Manjhi, applied for bail in a case (Bihta P.S. Case No. 831/2023) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possession of 72 litres of illicit country-made liquor recovered from his joint house. The petitioner claimed he was falsely implicated and that no incriminating article was found in his personal possession, though he had three prior criminal antecedents and had been in custody since 3 December 2025. The State opposed bail, arguing the seriousness of the offence. The Court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but considered the circumstances and period of custody, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case.
- Whether the petitioner was falsely implicated in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes grant of bail.
Legislation cited
Subjects
- bail
- prohibition and excise
- illicit liquor
- false implication
- Section 30(a)
- Section 103
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5213 of 2026
Arising Out of PS. Case No.-831 Year-2023 Thana- BIHTA District- Patna
======================================================
Jai Prakash Manjhi @ Bigan Manjhi @ Digan Manjhi S/o Late Mundrika
Manjhi @ Late Munarik Manjhi R/o Village- Bata Mushari, Police station-
Bihta, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Raj, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bihta
P.S. Case No. 831/2023 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 72 litres
of illicit country-made liquor was recovered from the house of
the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the joint house of the petitioner where other family
Patna High Court CR. MISC. No.5213 of 2026(2) dt.29-01-2026
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members of the petitioner also reside. The petitioner is in
custody since 03.12.2025 and has three criminal antecedents.
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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bihta P.S. Case No.
831/2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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