Bharthari Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26503 of 2026 Arising Out of PS. Case No.-51 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai ====================================================== Bharthari Manjhi Son of Badri Manjhi Resident of Village - Panghara, P.S.- Ramgarh Chowk, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 02.03.2026 in connection with Ramgarh P.S. Case No. 51 of 2026, F.I.R. dated 01.03.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 4 liters of country made liquor and 150-200 kg of Jawa Mahua.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 4 liters of country made liquor and 150-200 kg of Jawa Mahua were recovered from the
Patna High Court CR. MISC. No.26503 of 2026(2) dt.22-04-2026 2/3 house of the petitioner and the same was destroyed. He next submits that petitioner is not the absolute owner of the house in question rather it is the joint house property of the petitioner. He further submits that seizure list witnesses are police personnel and there is non-compliance of Section 100 of Cr.P.C/103 of BNSS and the petitioner is in custody since 02.03.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances, 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 District & Additional Sessions Judge IV-cum-Special Excise Court I, Lakhisarai in connection with Ramgarh P.S. Case No. 51 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.26503 of 2026(2) dt.22-04-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T