Tuntun Manjhi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Tuntun Manjhi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Sirdalla PS Case No. 426 of 2025, subject to the conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

Issue for consideration

Whether the petitioner, named accused in Sirdala PS Case No. 426 of 2025 (Sections 30(a) and 41, Bihar Prohibition and Excise Act), should be released on bail.

Court's answer

Bail granted to the petitioner in connection with Sirdala PS Case No. 426 of 2025, considering the facts and circumstances of the case and the period of custody undergone by the petitioner.

Ratio / Principle

Bail condition: one of the bailors shall be an own/close member of the family of the petitioner.

Key takeaways

Bail condition: the petitioner shall appear on each and every date fixed at the trial; on default in appearance on two consecutive dates, the Trial Court has liberty to cancel the bail bonds.ratio¶¶26

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J., order dt. 02-02-2026) allowed the bail application of Tuntun Manjhi in Sirdala PS Case No. 426 of 2025, registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, wherein 250 litres of country liquor was allegedly recovered from his house. Counsel for the petitioner argued innocence, absence of incriminating material from his conscious possession, that the recovery was made from a joint house where other family members also reside, parity with a co-accused granted bail by this Court on 18.12.2025 in Cr. Misc. No. 87830 of 2025, custody since 30.12.2025 with one criminal antecedent, and non-compliance of Section 103 of the BNSS, 2023; the A.P.P. opposed the prayer. Considering the facts, circumstances and period of custody, the Court released the petitioner on bail on a bond of Rs.15,000/- with two sureties of the like amount each, subject to the conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7873 of 2026

Arising Out of PS. Case No.-426 Year-2025 Thana- SIRDALA District- Nawada

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

Tuntun Manjhi Son of Raju Manjhi Resident of Village- Narauli, P.S.Sirdalla, District- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 02-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Sirdalla PS Case No. 426 of 2025 instituted for the offences under Section/s 30(a) & 41 of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 250 liters country liquor was recovered from the house of the petitioner.

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. It is submitted that recovery is made from the joint house of the petitioner, where other family members also reside. Learned counsel for

Patna High Court CR. MISC. No.7873 of 2026(2) dt.02-02-2026 2/2

the petitioner further submits that other co-accused has been granted bail by this Court vide order dated 18.12.2025 passed in Cr. Misc. No. 87830 of 2025. The petitioner is in custody since 30.12.2025 has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirdalla PS Case No. 426 of 2025, subject to the following conditions:

(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)

manish/- U T