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Patna High Court

Naresh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to a cash bond and strict conditions of appearance and non‑interference with the trial.

Summary

Naresh Manjhi and Mugeshwar Manjhi were charged under Sections 30(a)(d) and 37(a)(b)(d) of the Bihar Prohibition and Excise Act in Makhdumpur P.S. Case No. 282 of 2017. They had previously been granted bail in 2017, which was cancelled in 2023 for non‑appearance, re‑granted in June 2025, and again cancelled in June 2025 for the same reason, leading to their arrest in November 2025. The petitioners pleaded innocence and sought fresh bail, asserting they had not been informed of the latest cancellation and were willing to comply with any conditions. The State opposed bail, noting the petitioners’ repeated failure to appear and that charges had not yet been framed. Considering the length of custody, the petitioners’ undertaking, and the circumstances, the High Court granted bail subject to a cash bond and specific conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

  • Whether bail should be granted to the petitioners despite prior cancellations for non‑appearance
  • Whether the court can impose conditions on bail in the context of the Bihar Prohibition and Excise Act offences

Subjects

  • bail
  • excise offences
  • Bihar Prohibition and Excise Act
  • non‑appearance
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9296 of 2026
                  Arising Out of PS. Case No.-282 Year-2017 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Naresh Manjhi S/O Late Shugi Manjhi R/O Village - Sumera (Mahadalit
                  Tola) P.S- Makhdumpur, District- Jehanabad (Bihar)
           2.    Mugeshwar Manjhi S/O Late Jamuna Manjhi R/O Village - Sumera
                 (Mahadalit Tola) P.S- Makhdumpur, District- Jehanabad (Bihar)

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sudhir Kumar, Advocate
                 For the Opposite Party/s :      Ms.Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners seek bail in connection with

                   Makhdumpur P.S. Case No. 282 of 2017 (Excise Case No. 1834

                   of 2017) instituted for the offences under Sections 30(a)(d) and

                   37(a)(b)(d) of the Bihar Prohibition and Excise Act.

                                   3. Learned counsel for the petitioners submitted

                   that the petitioners are innocent and have falsely been

                   implicated in this case. The present case is misuse of privilege

                   of bail earlier granted to the petitioners. Earlier, the petitioners

                   have been granted regular bail vide order dated 21.11.2017 by

                   the learned Spl. Excise Court-I, Jehanabad. He further submits
Patna High Court CR. MISC. No.9296 of 2026(2) dt.12-02-2026
                                            2/3




          that due to non-appearance of petitioners, the bail bonds of the

          petitioners got cancelled vide order dated 14.06.2023.

          Thereafter, petitioners were again enlarged on bail on

          04.06.2025 with direction to the petitioners to appear in the

          Court. But due to non-appearance of the petitioners their bail

          bonds were cancelled on 09.06.2025. Thereafter, petitioners

          have been arrested on 30.11.2025. Learned counsel further

          submitted that the petitioners have not been given any

          information regarding cancellation of his bail bond by his

          counsel. Learned counsel for the petitioners further submits that

          the petitioners undertake to abide by any conditions imposed by

          this Court, if released on bail.

                          4. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. He further

          submitted that due non-appearance of the petitioners charge has

          not been framed.

                          5.     Considering         the      aforesaid   facts   and

          circumstances of the case, as also the period of custody

          undergone by the petitioner as also the undertaking given by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                          6. Let the petitioner be released on bail on

          furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen
           Patna High Court CR. MISC. No.9296 of 2026(2) dt.12-02-2026
                                                       3/3




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

                     satisfaction of Court below/concerned Court           in connection

                     withMakhdumpur P.S. Case No. 282 of 2017 (Excise Case No.

                     1834 of 2017), subject to the following conditions:

                                  (I) One of the bailors shall be the petitioners’ own or

                     close member.

                                  (II) The petitioners shall appear on each and every

                     date fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                  (III) The petitioners shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                  In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioners.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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