Patna High Court

Baleshwar ManjhiversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding that the arrest was based on suspicion and no incriminating material was recovered from his possession.

Summary

The petitioner, Baleshwar Manjhi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 95 litres of liquor were recovered near his house. He contended that he had no possession of the liquor, was implicated falsely, and that his arrest was based merely on suspicion without any incriminating material. The petitioner also argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted his clean record and the length of his pre‑trial custody since 7 December 2025. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s clean antecedents, and the prolonged custody, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and lack of incriminating material
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
suspicion
pre‑trial custody
Section 30(a)
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8174 of 2026
                      Arising Out of PS. Case No.-855 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Baleshwar Manjhi Son of Late Ravindra Manjhi Resident of Chipura Kala
                 Mushahari, P.S.- Gauri Chak, District - Patna.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                         Heard Mr. Mrityunjay Kumar Tiwary, learned

                   counsel for the petitioner and Mrs. Renu Kumari, learned APP

                   for the State.

                                2. The petitioner seeks bail in connection with

                   Gaurichak P.S. Case No. 855 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 95 liters

                   liquor was recovered from 7 gallons near the house of the

                   petitioner and he was apprehended 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.8174 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 an open place near the house of the petitioner

                       and the same is easily accessible to the public at large. It is

                       further submitted that the petitioner has been arrested only on

                       the basis of suspicion. The petitioner is in custody since

                       07.12.2025 and has got no criminal antecedent. 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 Gaurichak P.S. Case

                       No. 855 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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