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Patna High Court

ANEESH MANJHIversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The appeal is allowed; the conviction under Section 37(b) of the Bihar Prohibition and Excise Act, 2016 is set aside due to lack of reliable evidence and procedural defects.

Summary

The appellant, Aneesh Manjhi, was convicted by the Additional District & Sessions Judge (Special Judge Excise) in Jamui for violating Section 37(b) of the Bihar Prohibition and Excise Act, 2016 and for public intoxication under Section 290 IPC, based on a breath‑analyzer reading and the testimony of police officials. On appeal, the Patna High Court examined the trial record and noted that all six prosecution witnesses were police officers, there was no independent civilian witness, and the breath‑analyzer device itself was never produced or proved reliable. Moreover, no blood test was conducted and the search‑and‑seizure procedures were not followed, creating a serious doubt about the evidentiary foundation of the charge. The Court held that these procedural and evidentiary deficiencies precluded a lawful conviction. Consequently, the High Court allowed the appeal, quashed the conviction and sentence, and ordered the appellant’s acquittal and return of any fine paid.

Issues considered

  • Whether the conviction under Section 37(b) of the Bihar Prohibition and Excise Act, 2016 is sustainable in the absence of an independent witness and a reliable breath‑analyzer report.
  • Whether the procedural requirements for search, seizure, and testing under the Criminal Procedure Code were complied with.
  • Whether the evidence adduced by police officials alone suffices to prove the offence beyond reasonable doubt.

Legislation cited

Subjects

  • Prohibition Act
  • Excise
  • Intoxication
  • Breath analyzer
  • Evidentiary standards
  • Acquittal
  • Conviction quashed
  • Procedural defect

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.3340 of 2021
     Arising out of PS. Case No.-60 Year-2018 Thana- MALAYPUR District- Jamui
======================================================
Aneesh Manjhi S/o Garib Manjhi Resident of Village Kairi Bank Mushari,
Malaypur, P.S. Malaypur, Dist. Jamui.

                                                                ... ... Appellant/s
                                     Versus
The State of Bihar

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s    :       Mr. Prabhat Kumar Singh, Advocate
For the Respondent/s   :       Mr. Satyanarayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL @ ANSHUL RAJ
                    ORAL JUDGMENT
 Date : 27-01-2026

             This appeal has been preferred by the appellant for

 setting aside the impugned judgment of conviction and order of

 sentence dated 30.06.2021 passed by learned 1st Additional Dis-

 trict & Sessions Judge-cum-Special Judge Excise, Jamui in Tr.

 No. 217 of 2018 arising out of Malaypur P.S. Case No. 60 of

 2018, whereby the concerned Trial Court has convicted the ap-

 pellant for the offence punishable under Section 37(b) of the Bi-

 har Prohibition and Excise Act, 2016 and awarded sentence to a

 fine of Rs. 50,000/- and on default of payment of fine the appel-

 lant will have to suffer imprisonment for three months which

 the appellant has already suffered prior to conviction shall be

 adjusted against three months sentence.

             2. The brief case of the prosecution, as per fardbeyan
             Patna High Court CR. APP (SJ) No.3340 of 2021 dt.27-01-2026
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of informant, namely, Kamlesh Kumar Singh, ASI, Malaypur

Police Station is that he lodged a written report stating therein

that on 20.08.2018 at about 14.30 o'clock when he along with

his patrolling party proceeded he got an information on mobile

that the appellant is in inebriated condition and creating nui-

sance in the locality. In order to verify his intoxicating condi-

tion, he was examined by breath analyzer machine and it was

found that he has consumed 0.19 Ml alcohol, thereafter, on the

basis of the written report the present case, i.e., Malaypur P.S.

Case No. 60 of 2018 was registered for the offences under Sec-

tion 290 of the IPC and 37(b) of Bihar Prohibition and Excise

Act, 2016.

          3. The learned trial court after perusal of materials col-

lected during investigation and hearing the accused/appellant

took cognizance on 28.02.2019 under Section 290 IPC and Sec-

tion 37(b) of Bihar Prohibition and Excise Act, 2016, thereafter,

the charges were framed on 04.05.2019 under Section 290 IPC

and Section 37(b) of Bihar Prohibition and Excise Act, 2016

against the appellant, which was explained to the appellant, to

which, he pleaded not guilty and claimed to be tried.

          4. To substantiate its case, the prosecution has exam-

ined altogether six witnesses. They are:-(i) PW-1 Baliram Ya-
              Patna High Court CR. APP (SJ) No.3340 of 2021 dt.27-01-2026
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dav (ii) PW-2 Alok Kumar (iii) PW-3 Chitranjan Kumar (iv)

P.W. 4 Ram Prakash Kumar (v) P.W. 5 Kamlesh Kumar

Singh (Informant) and (vi) P.W. 6 - Arun Rai. The defence

has also examined one witness on his behalf, i.e., DW-1 Gorki

Devi who is mother of the appellant.

          5. Apart from the oral evidence, the prosecution has

also relied upon following exhibits/documentary evidences,

which are:-

        Sl. No.        No. of exhibits           Name of documents
                                                 exhibited
              1.        Exhibit-1                Signature of the infor-
                                                 mant on the breath
                                                 analysis report.
              2.        Exhibit-2                Signature of the infor-
                                                 mant on the written
                                                 application.
              3.       Exhibit-2/1               Signature of the SHO
                                                 Amit Kumar.
              4.       Exhibit-3                 Handwriting and sig-
                                                 nature of formal FIR
                                                 then SHO Amit Ku-
                                                 mar.
              5.       Exhibit-4                 Handwriting and sig-
                                                 natue of Arrest Memo
                                                 S.A.N.I. Kamlesh Ku-
                                                 mar Singh.


          6. On the basis of evidences/circumstances as surfaced

during the trial, the learned trial court has examined the appel-

lant/accused under Section 313 of the CrPC, where he com-
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pletely denied the evidences surfaced during the trial and

claimed his complete innocence.

           7. Taking note of the evidence as surfaced during the

trial and after considering the arguments as advanced by both

the parties, the learned Trial Court has convicted the appellant

and awarded sentence to a fine of Rs. 50,000/- and on default of

payment of fine appellant will have to suffer imprisonment for

three months which the appellant has already suffered prior to

conviction shall be adjusted against three months sentence.

           8. Being aggrieved with the aforesaid judgment of

conviction and order of sentence, the appellant has preferred the

present appeal. Hence, the present appeal.

           9. I have considered the rival submissions canvassed

by the learned counsel appearing for the parties and also perused

the deposition of the witnesses examined during trial before

learned trial court.

           10. It appears from perusal of record that altogether

six witnesses have been examined during trial, i.e., PW-1 Bali-

ram Yadav, PW-2 Alok Kumar, PW-3 Chitranjan Kumar

and P.W. 4 Ram Prakash Kumar were constables at Malaypur

Police Station and they have supported the prosecution case in

similar manner. P.W.-5 Kamlesh Kumar Singh, ASI who is the
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informant of the case and P.W-6 Arun Rai, SI of Malaypur Po-

lice Station have also supported the case of the prosecution.

DW-1 Gorki Devi has deposed that due to previous dispute with

one Shiv Ji Singh, his son has been implicated in the present

case.

          11. In view of aforesaid discussions, it appears that

there is no independent witness to support the prosecution case

and all the witnesses are official witnesses and the breath ana-

lyzer machine has not been produced to substantiate the charge

under Section 37(b) of Bihar Prohibition and Excise Act, 2016

and also there is nothing on record to suggest that whether

breath analyzer machine was capable to give correct report.

Again no blood test of accused seems to have been conducted

which is a major flaw. The procedure for search and seizure has

not been followed, therefore, it creates a serious doubt and thus

the appellant deserves to be acquitted of the charges levelled

against him.

          12. Accordingly, the present appeal stands allowed.

          13. The impugned judgment of conviction and order

of sentence dated 30.06.2021 passed by learned 1st Additional

District & Sessions Judge-cum-Special Judge Excise, Jamui in

Tr. No. 217 of 2018 arising out of Malaypur P.S. Case No. 60 of
                                Patna High Court CR. APP (SJ) No.3340 of 2021 dt.27-01-2026
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                    2018, whereby the concerned Trial Court has convicted the ap-

                    pellant for the offence punishable under Section 37(b) of the Bi-

                    har Prohibition and Excise Act, 2016 and awarded sentence to a

                    fine of Rs. 50,000/- and on default of payment of fine the appel-

                    lant will have to suffer imprisonment for three months which

                    the appellant has already suffered prior to conviction shall be

                    adjusted against three months sentence, is hereby quashed and

                    set aside. Consequently, the above-named appellant is acquitted

                    from the charges levelled against him.

                               14. Since the appellant is on bail, he is being dis-

                    charged from his liabilities of bail bonds and sureties.

                               15. Fine, if any, deposited by the appellant be returned

                    to him immediately.

                               16. Office is directed to send back the trial court

                    records along with a copy of this judgment to the learned trial

                    court, forthwith.




                                          (Ansul @ Anshul Raj, J)
niku/-
AFR/NAFR                NAFR
CAV DATE                N/A
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