Patna High Court
Jagdish ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner with conditions under CrPC 438(2) and the Bharatiya Nagarik Suraksha Sanhita 2023 Sec. 482(2).
Summary
Jagdish Manjhi sought anticipatory bail after police, acting on secret information, seized 40 litres of country-made liquor from his joint family house and 80 litres from another accused's house in connection with offences under the Bihar Prohibition and Excise (Amendment) Act. The petitioner claimed innocence, alleging political victimisation and asserting that the liquor could have been stored by other family members. The State opposed the bail, but the court noted the joint‑family setting, the absence of a detailed description of the seized premises in the memo, and the petitioner's clean criminal record. Considering these factors, the court inclined to grant anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and conditions of cooperation and verification of antecedents. The bail was ordered to be granted if the petitioner is arrested or surrenders within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of seizure from a joint family house.
- Whether the lack of specific description in the seizure memo and the petitioner's clean record justify bail despite alleged involvement in offences under the Bihar Prohibition and Excise (Amendment) Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- prohibition act
- joint family house
- seizure memo
- political victimisation
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16972 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Jagdish Manjhi S/O Moter Manjhi @ Masari Manjhi R/O Village-
Machharagawan, P.S- Kotwa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a), 32
and 41(1) of the Bihar Prohibition an Excise (Amendment) Act
in connection with Kotwa P.S.Case No. 373 of 2025.
3. On the basis of a secret information regarding
illegal manufacture and sale of country-made liquor by the
petitioner, the police reached the place of occurrence. During
search of his house, 40 litres of country-made liquor was
recovered and seized. It is further alleged during search of the
house of another accused person, 80 litres of country-made
liquor was recovered.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16972 of 2026(2) dt.25-03-2026
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the petitioner is innocent and has falsely been implicated in the
present case due to village politics. The petitioner was living in
a joint house and he had nothing to do with the alleged recovery.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the fact that that the recovery has been
made from the house, which is a joint family house of the
petitioner and, therefore, it cannot be ruled out that any other
member of the family may have indulged in the illegal act of
keeping the liquor in the house and also given the fact that the
petitioner has no criminal antecedent and further that in the
search and seizure memo, there is no description of the place
from where the recovery has been made, under these
circumstances I am inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on 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 Special Judge, Excise Court No.1,
East Champaran, Motihari in connection with Kotwa P.S.Case
No. 373 of 2025, subject to the conditions laid down under
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section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case 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, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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