Pankaj Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40027 of 2026 Arising Out of PS. Case No.-150 Year-2026 Thana- MADHUBAN District- East Champaran ====================================================== Pankaj Manjhi S/o Late Aklu Manjhi R/o Village - Vishunpur Tara Musahari Tola, P.S - Madhuban, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2026 Heard Mr. Raki Alam, learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 20.04.2026, in connection with Madhuban P.S. Case No. 150 of 2026, F.I.R. dated 19.04.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 75.00 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made behind the house of co-accused

Patna High Court CR. MISC. No.40027 of 2026(2) dt.29-06-2026 2/3 person, namely, Sunaina Devi and petitioner has been made accused merely on the basis of suspicion. Although the petitioner was apprehended at the place of occurrence and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 20.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 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 Exclusive Special Excise Coiurt No. 3, East Champaran, Motihari in connection with Madhuban P.S. Case No. 150 of 2026, 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 her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.40027 of 2026(2) dt.29-06-2026 3/3 reason, her 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 her 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