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Patna High Court

Vikash Manjhi @ Vikash ManziversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied.

Summary

Vikash Manjhi sought anticipatory bail in connection with a 2019 excise case (PS No.508) alleging possession of 10 litres of illicit Mahua liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The petitioner claimed he was not present at the scene and that his name appeared only on suspicion, while acknowledging two other pending cases, one of which also relates to excise. The State opposed bail, emphasizing the petitioner’s unclean criminal antecedent. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, directing the trial court to entertain a regular bail application if the petitioner surrenders within six weeks. The order leaves the merit of any regular bail application to be decided by the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, considering his alleged involvement and pending criminal cases.

Subjects

  • anticipatory bail
  • excise law
  • Mahua liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15842 of 2026
                      Arising Out of PS. Case No.-508 Year-2019 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Vikash Manjhi @ Vikash Manzi Son of Bihari Manjhi @ Taleshwawr Manjhi
                 @ Taleshwar Manjhi Resident of Village - Shrinagar Mushari,Balathkur,
                 Karai, Police Station - Naubatpur, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Shanker Pankaj, Adv.
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Naubatpur P.S. Case No.508 of 2019, for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2016, which is pending before the

                   Court of Special Judge, Excise Act, Danapur, Patna.

                                3. As per the prosecution, the total recovery of 10

                   litres of illicit Mahua liquor have alleged to be made, which is

                   the subject matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner was not present on the place of
           Patna High Court CR. MISC. No.15842 of 2026(2) dt.25-03-2026
                                                       2/2




                     occurrence and his name has been transpired only on suspicion.

                     Counsel further submits that criminal antecedent of the

                     petitioner is not clean as there are two cases pending against

                     him in which he is on bail in all the cases, but one case is

                     relating to excise matter.

                                  5. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that criminal antecedent of the

                     petitioner is not clean as there are two cases pending against

                     him and this aspect must be taken into consideration.

                                  6. In the present facts and circumstances, this Court is

                     not inclined to grant bail to the petitioner. Accordingly, the

                     prayer for anticipatory bail of the petitioner is hereby rejected.

                                  7. However, trial court is directed to consider the

                     regular bail application of the petitioner, if he surrenders within

                     6 weeks from today and prays for regular bail, then trial court

                     shall pass order on merit without being prejudice of the present

                     order preferably on the same day.



                                                                 (Dr. Anshuman, J)
Prakashmani/-

U      T


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