Patna High Court
Benga Manjhi @ Rajkishore ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the petitioner had no incriminating material, a clean record, and the prosecution had not satisfied the conditions for continued detention.
Summary
Benga Manjhi (also known as Rajkishore Manjhi) was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 106 litres of liquor were recovered from a bamboo orchard. The petitioner contended that he had no involvement, no incriminating material was found on him, and the liquor was seized from an open area accessible to all. He had been in custody since 25‑12‑2025, possessed a clean criminal record, and the co‑accused had already been granted bail. The State opposed the bail application, relying on the alleged offence. The Court, noting the petitioner’s clean antecedent, lack of material evidence, the duration of custody, and a procedural lapse under Section 103 of the BNSS, 2023, decided to grant bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the absence of incriminating material and a clean antecedent.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8672 of 2026
Arising Out of PS. Case No.-589 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Benga Manjhi @ Rajkishore Manjhi S/O Late Babulal Manjhi @ Late
Rajbansi Manjhi @ Loha Manjhi R/O Village- Dumariya, P.S- Muffasil, Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Chapra
Muffasil PS Case No. 589 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 106 liters
liquor was recovered from bamboo orchard.
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 from an open place, which is accessible to one
Patna High Court CR. MISC. No.8672 of 2026(2) dt.04-02-2026
2/2
and all. The petitioner is in custody since 25.12.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023. Other co-accused has been granted bail
by this Court vide order dated 04.12.2025, passed in Cr. Misc.
No. 83455 of 2025.
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, clean antecedent of the petitioner 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 Chapra Muffasil PS
Case No. 589 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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