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Amod Manjhi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Amod Manjhi Vs The State of BiharAmod Manjhi v. The State of Bihar

Allowed¶19

Amod Manjhi v. The State of Bihar

Bail – Bihar Prohibition and Excise Act, Sections 30(a) and 41(1)

Patna HC12 Dec 2025CR. MISC./86099/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.86099 of 2025, order dated 12-12-2025, Rudra Prakash Mishra, J — bail granted to Amod Manjhi under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act in Turkauliya P.S. Case No. 71 of 2025 (110 liters country liquor recovered from river bank); custody since 09.06.2025; bail bonds Rs. 15,000 with two sureties; parity with co-accused order in Cr. Misc. No. 48289 of 2025; Section 103 BNSS 2023 argument noted; State opposed through APP Choubey Jawahar; petitioner represented by Baidhyanath Thakur.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Turkauliya P.S. Case No. 71 of 2025.

Why is it important?

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner. ¶18

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Turkauliya P.S. Case No. 71 of 2025.

Issue for consideration

Whether the petitioner is entitled to be released on bail in connection with Turkauliya P.S. Case No. 71 of 2025, instituted for offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

Court's answer

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

Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Turkauliya P.S. Case No. 71 of 2025.

Detailed headnote1 paragraphs

Bail — Bihar Prohibition and Excise Act, Sections 30(a) and 41(1) — Turkauliya P.S. Case No. 71 of 2025 (East Champaran) — prosecution case of recovery of 110 liters of country made liquor from the bank of a river — defence that recovery was from an open place accessible to all, name disclosed by local chaukidar, nothing recovered from conscious possession, petitioner in custody since 09.06.2025 with clean antecedent, parity with co-accused granted bail in Cr. Misc. No. 48289 of 2025 (order dt. 28.07.2025), and alleged non-compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — Held: considering the facts and circumstances and the period of custody undergone, bail granted on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each (Rudra Prakash Mishra, J).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86099 of 2025

Arising Out of PS. Case No.-71 Year-2025 Thana- TURKAULIYA District- East Champaran

======================================================

Amod Manjhi Son Of Bunel Manjhi Resident Of Village-Balahi, P.STurkauliya, District-East Champaran

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baidhyanath Thakur, Adv For the Opposite Party/s : Mr. Choubey Jawahar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 12-12-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Turkauliya P.S. Case No. 71 of 2025, instituted for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 110 liters of country made liquor was recovered from the Bank of River.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.86099 of 2025(2) dt.12-12-2025 2/2

for the petitioner submits that the recovery is made from an open place, which is accessible to one and all. It is further submitted that local chaukidar disclosed the name of the petitioner. The petitioner is in custody since 09.06.2025 and has got clean antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted bail by this Court vide order dated 28.07.2025 passed in Cr. Misc. No. 48289 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. Case No. 71 of 2025.

(Rudra Prakash Mishra, J)

krishnakant/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner is entitled to be released on bail in connection with Turkauliya P.S. Case No. 71 of 2025, instituted for offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.¶12
The court held
Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner.ratio¶18

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr. Misc. No. 48289 of 2025Referred¶16

Statutes considered

3 provisions across 2 enactments

AI extract

Bihar Prohibition and Excise Act30(a)¶12 41(1)¶12
Bharatiya Nagarik Suraksha Sanhita, 2023103¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
Turkauliya P.S. Case No. 71 of 2025 instituted for offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act; petitioner seeks bail therein.¶12
Prior proceeding
Prosecution case: total 110 liters of country made liquor recovered from the bank of the river.¶13
Prior proceeding
Petitioner in custody since 09.06.2025.¶16
Prior proceeding
Other co-accused granted bail by this Court vide order dated 28.07.2025 in Cr. Misc. No. 48289 of 2025, cited in support of the bail prayer.¶16

Parties & counsel

AI extract

petitioner
Amod Manjhi Son Of Bunel Manjhi Resident Of Village-Balahi, P.STurkauliya, District-East Champaran¶4
Baidhyanath Thakur
respondent
The State of Bihar¶6
Choubey Jawahar

Coram

AI extract

Rudra Prakash Mishraauthor¶7

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 12 Dec 2025 · December
Registered: 5 Dec 2025
Case no.: CR. MISC./86099/2025
CNR: BRHC011172212025
Bench: R. P. Mishra
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Amod Manjhi v. The State of Bihar, CR. MISC./86099/2025 (PAT), decided on 12 December 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Cr. Misc. No. 48289 of 2025Referred¶16

Open Authorities

Statutes3

Bihar Prohibition and Excise Act30(a) · 41(1)
Bharatiya Nagarik Suraksha Sanhita, 2023103

View all statutes

Procedural history4

Turkauliya P.S. Case No. 71 of 2025 instituted for offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act; petitioner seeks bail therein.
Prosecution case: total 110 liters of country made liquor recovered from the bank of the river.

View full history

Bench / Coram

Rudra Prakash Mishra

Parties & counsel