Patna High Court
Bhim Manjhi @ Jainath Manjhi @ Jaynath ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Bhim Manjhi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 20 litres of illicit country-made liquor recovered from the outside of his house. He contended that he was innocent, that the liquor was in a public area accessible to anyone, and that he had no involvement in the seizure. The petitioner also highlighted that he had been in custody since 16 November 2025 and possessed two prior criminal antecedents of a similar nature. He offered to deposit a bail amount of Rs. 5,000 with the Advocate Association and sought release on bail. The State opposed the bail, but the court, considering the circumstances and the length of custody, granted bail on a bond of Rs. 10,000 with two sureties and imposed several conditions, including regular appearance before the court and the police. The order clarified that any observations made therein would not affect the trial.
Issues considered
- What considerations govern the grant of bail in offences under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the location of the seized liquor (outside the petitioner’s house) and the petitioner’s prior criminal antecedents justify denial of bail?
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedents
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89456 of 2025
Arising Out of PS. Case No.-748 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Bhim Manjhi @ Jainath Manjhi @ Jaynath Manjhi S/o- Late Laljee Manjhi
Village - Mubarakpur. P.S - Marhowrah, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Srivastva, Adv.
For the Opposite Party/s : Mr.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Marhowrah P.S. Case No. 748 of 2025
registered for the offence(s) punishable under Section(s) 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 20 litres of illicit
country made liquor was recovered from the outside of the
house of the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Learned counsel has further submitted that the said
recovery has been made from the outside of the house of the
petitioner which is an open place and accessible to anyone. It is
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further submitted that the petitioner has no concern with the
seized liquor. It has further been submitted that on account of
two criminal antecedents of similar nature, the petitioner has
been implicated in this case and he is in custody since
16.11.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 5,000/- with the Advocate Association, Patna High
Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has
remained in custody since 16.11.2025, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
case is pending/successor court in connection Marhowrah P.S.
Case No. 748 of 2025, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
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before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
Saran at Chpra within fifteen (15) days of his release with a copy
of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner with be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
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of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna High
Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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