Patna High Court
Ashok ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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