Patna High Court
Jaynandan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners subject to specified bond and conditions.
Summary
The petitioners, Jaynandan Manjhi and Luchan Manjhi, were charged under Sections 47(A)(G) and 54 of the Bihar Prohibition and Excise Act for possession of four litres of liquor. They had previously been granted bail in 2016, which was cancelled in 2022, re‑granted in 2023, and again cancelled in August 2025 leading to a non‑bailable warrant. The petitioners surrendered in September 2025 and applied for bail, undertaking to comply with any conditions. The State opposed the bail, citing the repeated cancellations and non‑appearance. Considering the length of custody already served and the petitioners' undertaking, the Court inclined to grant bail, imposing a bond of Rs 15,000 each with two sureties and conditions regarding family bailors and mandatory court appearances.
Issues considered
- Whether bail should be granted to the petitioners despite prior cancellations and non‑appearance
- Whether the conditions imposed are sufficient to ensure compliance with the trial process
Subjects
- bail
- Bihar Prohibition and Excise Act
- excise offence
- repeated bail cancellation
- non‑bailable warrant
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8785 of 2026
Arising Out of PS. Case No.-90 Year-2016 Thana- HULASGANJ District- Jehanabad
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1. Jaynandan Manjhi S/O Saguni Manjhi R/O Vill.- Jaru Banbariya,
Bhuitola,P.S- Hulasganj,Dist- Jehanabad
2. Luchan Manjhi S/O Late BHunnu Manjhi @ Bhondu Manjhi R/O Vill.- Jaru
Banbariya, Bhuitola,P.S- Hulasganj,Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Hulasganj P.S. Case No. 90 of 2016, instituted for the offences
punishable under Sections 47(A)(G) and 54 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 4 liters
liquor was recovered from the house of the petitioners.
4. Learned counsel for the petitioners submits that the
present case is misuse of privilege of bail earlier granted to the
petitioners. Earlier the petitioners were granted bail on personal
Patna High Court CR. MISC. No.8785 of 2026(2) dt.11-02-2026
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bond on 15.12.2016 and 16.12.20216 respectively and
cognizance against the petitioners and other co-accused persons
have been taken on 24.03.2018. Bail bonds of the petitioners
were cancelled on 07.09.2022. Again the petitioners were
granted bail on 01.04.2023 and 16.05.2023 by the learned Court
below. Lastly, the learned Court below cancelled bail bond of
the petitioners on 04.08.2025 and issued non-bailable warrant
against them for non-appearance. The petitioners surrendered
before the learned Court below on 21.09.2025. Learned counsel
further submitted that the petitioners undertakes to abide by any
conditions imposed by this Court, if released on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners as also the undertaking given by the petitioners, this
Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Hulasganj P.S. Case
No. 90 of 2016, subject to the following conditions:
Patna High Court CR. MISC. No.8785 of 2026(2) dt.11-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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