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Patna High Court

Jagdish ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.16972 of 2026(2) dt.25-03-2026
                                                       3/3




                     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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