IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22327 of 2026 Arising Out of PS. Case No.-31 Year-2026 Thana- PARSA District- Saran ====================================================== Ram Prasad Manjhi @ Gulgul S/o Yogendra Manjhi R/o Village- Saidpur, P.S- Dariyapur (Dariapur), Dist- Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 06-04-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for the petitioner and Mr. Nityanand, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 23.01.2026 in connection with Parsa P.S. Case No. 31 of 2026, F.I.R. dated 22.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Recovery is of 40 liters of country made liquor. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent 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 nothing has been recovered from the conscious possession of the petitioner rather the recovery of 40 liters of illicit country made liquor has been Patna High Court CR. MISC. No.22327 of 2026(2) dt.06-04-2026 2/3 made from the motorcycle in question. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor or the motorcycle in question and he is not the owner of the said motorcycle in question. He further submits that there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 23.01.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Section 103/105 of the BNSS, 2023, 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 Exclusive Special Excise Court No.3, Saran at Chapra in connection with Parsa P.S. Case No. 31 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 on his absence on two consecutive dates without sufficient Patna High Court CR. MISC. No.22327 of 2026(2) dt.06-04-2026 3/3 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. Vanisha/- (Rajesh Kumar Verma, J) U T