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Patna High Court

Mukesh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

Mukesh Manjhi was arrested in connection with a case (PS Parsa Case No. 330 of 2025) alleging that 60 litres of liquor were recovered from a scooty, constituting an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicle or prior criminal record. He also argued that the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were not satisfied. The State opposed bail. Considering the lack of material evidence against the petitioner, his clean record, and the short period of custody, the Court granted bail on a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the accused claims false implication and no incriminating material is found in his possession.
  • Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with in the arrest and detention of the accused.

Legislation cited

Subjects

  • bail
  • prohibition law
  • false implication
  • Section 30(a)
  • Section 103
  • criminal procedure
  • excise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.86 of 2026
                         Arising Out of PS. Case No.-330 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Mukesh Manjhi Son of Birendra Manjhi R/o Village - Firozpur, P.S. - Bheldi,
                 District - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Learned counsel for the petitioner is permitted to

                   make necessary correction/s in the paragraph no. 4 of the

                   present bail application during course of the day.

                               3. The petitioner seeks bail in connection with Parsa

                   P.S. Case No. 330 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               4. The prosecution case, in short, is that total 60 litres

                   of liquor was recovered from scooty.

                               5. 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
           Patna High Court CR. MISC. No.86 of 2026(2) dt.19-01-2026
                                                       2/2




                     possession of the petitioner. Learned counsel further submitted

                     that petitioner is in no manner connected with the vehicle in

                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 19.11.2025 and has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                6. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                7. 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.

                                  8. 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 Parsa P.S. Case No.

                     330 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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