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Patna High Court

Ashok ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

Ashok Manjhi was arrested after 31 litres of liquor were recovered from the courtyard of his house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his conscious possession, that the recovery was from a shared family area, and that his arrest was based merely on suspicion, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of direct incriminating material, the duration of custody since 17‑Oct‑2025, and the petitioner’s prior antecedent being on bail, the Court inclined to grant bail. The Court ordered his release on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was not found in the accused's conscious possession.
  • Whether arrest on mere suspicion and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrant denial of bail.
  • Impact of the petitioner’s prior criminal antecedent on the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • suspicion
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8097 of 2026
                       Arising Out of PS. Case No.-665 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Ashok Manjhi S/o Late Nathuni Manjhi Resident of Village- Mahuabagh
                 Mushari, P.S.- Rupaspur, District- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rupaspur P.S. Case No. 665 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 31 liters

                   liquor was recovered from courtyard of petitioner’s house and

                   he was arrested on spot.

                                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
             Patna High Court CR. MISC. No.8097 of 2026(2) dt.10-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the alleged recovery has

                       been made from the courtyard of petitioner’s house where other

                       family members also reside. It is further submitted that the

                       petitioner has been arrested only on the basis of suspicion. The

                       petitioner is in custody since 17.10.2025 and has got one

                       criminal antecedent in which he is on bail. There is no

                       compliance of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Rupaspur P.S. Case

                       No. 665 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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