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Patna High Court

Shambhu ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Shambhu Manjhi, was arrested in connection with a case involving the seizure of 250 litres of illicit liquor and charged under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. He had previously applied for regular bail, which was denied on 23 September 2025. The petitioner contended that he was falsely implicated, asserting that his name appeared only in the confessional statements of co‑accused persons. The State opposed the bail application. After considering the facts, the period of custody, and the lack of direct evidence against the petitioner, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to appear at the police station every Sunday, failing which the bail would be cancelled.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under IPC Section 414 and Bihar Prohibition and Excise Act Section 30(a) despite the earlier denial of bail
  • Whether the reliance on co‑accused confessional statements suffices to justify continued detention

Legislation cited

Subjects

  • bail
  • illicit liquor
  • IPC 414
  • Bihar Prohibition and Excise Act
  • regular bail
  • confessional statement
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88975 of 2025
                     Arising Out of PS. Case No.-49 Year-2020 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Shambhu Manjhi S/o Lagan Manjhi R/o Mohalla - Bahadurpur Musahari, P.S
                 - Bahadurpur, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Binay Kumar Singh
                 For the Opposite Party/s :      Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-02-2026                    Heard learned counsel for the parties.

                                2. The petitioner seeks regular bail in connection with

                   Bahadurpur P.S. Case No. 49 of 2020, registered under Sections

                   414 of the Indian Penal Code and section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. Earlier, the prayer for grant of regular bail to the

                   petitioner was rejected vide order dated 23.09.2025 passed in

                   Cr. Misc. No. 17201 of 2025.

                                4. The recovery is of 250 litres of illicit liquor.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The name of the petitioner has transpired in this

                   case on the confessional statement of co-accused persons.

                                6. Learned APP for the State has vehemently opposes
            Patna High Court CR. MISC. No.88975 of 2025(3) dt.23-02-2026
                                                        2/2




                      the prayer for bail of the petitioner.

                                   7. Considering the facts and circumstances of the case

                      and period of custody, this application is allowed.

                                   8. Let the petitioner above named, be granted bail on

                      furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

                      Only) with two sureties of the like amount each to the

                      satisfaction of learned Special Judge, Excise, Patna City

                      /concerned court below in connection with Bahadurpur P.S.

                      Case No. 49 of 2020, subject to the condition that:-

                                          (i) The petitioner will mark his attendance at
                                          Bahadurgarh Police Station on every Sunday of
                                          each month. Any default in appearance at the
                                          local Police Station will result into cancellation
                                          of his bail bond.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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