Hari Kishor Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27983 of 2026 Arising Out of PS. Case No.-97 Year-2026 Thana- PANAPUR District- Saran ====================================================== Hari Kishor Manjhi S/o Late Akabal Manjhi R/o Village - Brit Bhagwanipur , P.S. - Panapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr. Hemant Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 28.03.2026, in connection with Panapur P.S. Case No. 97 of 2026, F.I.R. dated 27.03.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 10 litres of country made Mahua liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. As per FI.R.,
Patna High Court CR. MISC. No.27983 of 2026(2) dt.27-04-2026 2/3 altogether 10 litres of country made Mahua liquor was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that in fact nothing has been recovered from the conscious possession of the petitioner rather the police has planted the same and shown the recovery has been made from the possession of the petitioner and apart from that the seizure list witnesses are the police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 28.03.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case and the fact that there is non-compliance of Sections 103/ 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand)with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Panapur P.S. Case No. 97 of 2026,
Patna High Court CR. MISC. No.27983 of 2026(2) dt.27-04-2026 3/3 subject to the following conditions :-
(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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 antecedents, 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) Ibrar//- U T