Motilal Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12765 of 2026 Arising Out of PS. Case No.-181 Year-2015 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Motilal Manjhi S/o Late Patpar Manjhi R/o Village - Kuchaikot, P.S.- Kuchaikot, District - Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kuchaikot P.S. Case No. 181 of 2015 instituted for the offence under Sections 272 & 273 of the Indian Penal Code and Section 47(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in brief, is that acting on secret information, the police conducted a raid near a brick kiln and apprehended three persons who were found manufacturing illicit liquor. During the search, various instruments and 60 litres of country-made liquor were recovered from the spot. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.01.2026. Petitioner

Patna High Court CR. MISC. No.12765 of 2026(2) dt.24-02-2026 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

The present one is the misuse of privilege of bail granted to the petitioner. Learned counsel for the petitioner submits that petitioner was granted bail by the Court below on 06.10.2025. Cognizance was taken against the petitioner on 21.03.2016. Learned counsel submits that due to nonappearance, the bail bonds of the petitioner was cancelled on 14.12.2023. It is lastly submitted that petitioner is ready to abide by any terms and condition imposed by this Court, if he may be released on bail.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Kuchaikot P.S. Case No. 181 of 2015, subject to the following conditions:

Patna High Court CR. MISC. No.12765 of 2026(2) dt.24-02-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner 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 petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T