Patna High Court

Tuntun ManjhiversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail may be granted as the petitioner lacks direct incriminating material, has been in custody for an extended period, and procedural safeguards are satisfied.

Summary

Tuntun Manjhi was arrested in connection with a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act after 250 litres of country liquor were recovered from his joint family house. The petitioner contended that he had no direct possession of the liquor, was falsely implicated, and pointed out that another co‑accused had already been granted bail. He also highlighted that he had been in custody since 30‑12‑2025, possessed a prior criminal antecedent, and that the State had not complied with Section 103 of the BNSS, 2023. The State opposed the bail application. Considering the lack of incriminating material against the petitioner, the period of custody already endured, and the precedent of bail to a co‑accused, the Court inclined to grant bail with conditions. Accordingly, the petitioner was released on a bail bond of Rs.15,000 with two sureties and specific compliance conditions.

Issues considered

Whether bail should be granted to the petitioner under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act
Whether non‑compliance of Section 103 of the BNSS, 2023, precludes the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
criminal procedure
Section 103 BNSS
joint house
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7873 of 2026
                       Arising Out of PS. Case No.-426 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
                 Tuntun Manjhi Son of Raju Manjhi Resident of Village- Narauli, P.S.-
                 Sirdalla, District- Nawada
                                                                      ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sirdalla PS Case No. 426 of 2025 instituted for the offences

                   under Section/s 30(a) & 41 of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 250 liters

                   country liquor was recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that recovery is made from the joint house of the petitioner,

                   where other family members also reside. Learned counsel for
           Patna High Court CR. MISC. No.7873 of 2026(2) dt.02-02-2026
                                                       2/2




                     the petitioner further submits that other co-accused has been

                     granted bail by this Court vide order dated 18.12.2025 passed in

                     Cr. Misc. No. 87830 of 2025. The petitioner is in custody since

                     30.12.2025 has got one criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                                  5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sirdalla PS Case No.

                     426 of 2025, 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)
manish/-
U      T

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