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Patna High Court

Sukhi ManjhiversusThe state of bihar

Decided
Disposal
BAIL GRANTED

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

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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