Patna High Court
Sukhi ManjhiversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Sukhi Manjhi, was implicated in a case (Laukaha P.S. Case No. 38 of 2026) for alleged offences under Sections 274, 275 of the Bharitya Nagrik Suraksha Sanhita and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, involving the recovery of 20 litres of country‑made liquor from an open field near a railway line. The petitioner claimed he was falsely implicated, asserting that the liquor was not in his possession, the recovery site did not belong to him, and that local enmity led to false accusations. The State opposed his anticipatory bail application. The Court considered the nature of the allegations, the circumstances of the recovery, and the provisions of Section 482(2) of the B.N.S.S. and granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, provided the petitioner surrenders within six weeks. The order was pronounced by Justice Praveen Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the alleged offences under Sections 274, 275 B.N.S. and 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the recovery of liquor from an open place, not in the petitioner's possession, suffices to justify denial of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 274, 275, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- false implication
- liquor offences
- Section 482
- criminal procedure
- Bihar
- Bharitya Nagrik Suraksha Sanhita
- Bihar Prohibition and Excise Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34374 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- LAUKAHA District- Madhubani
======================================================
Sukhi Manjhi S/O Thakai Manjhi R/o Village - Pahari Tola, P.S -
Laukaha,Dist- Madhubani
... ... Petitioner/s
Versus
The state of bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hriday Narayan Harshit, Adv
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Laukaha P.S. Case No. 38 of 2026 registered
for the offences punishable under Sections 274, 275 of the BNS
and 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, allegedly 20 litre of
country made liquor was recovered by the side of railway line
which was found concealed in a field.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
this case. It has further been alleged that, upon inquiry from the
local people, it was stated that the recovered liquor belonged to
the petitioner and that he was engaged in selling the same.
Patna High Court CR. MISC. No.34374 of 2026(2) dt.19-05-2026
2/2
Learned counsel for the petitioner has submitted that the
recovery was made from an open place, accessible to all and not
from the possession of the petitioner. It has further been
submitted that the place of recovery does not belong to the
petitioner in any manner whatsoever and that the local people,
due to enmity, have falsely named the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Laukaha P.S. Case No. 38 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
niku/rupa/- (Praveen Kumar, J)
U T
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