Patna High Court
Vicky ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Vicky Manjhi, was implicated in a case (Digha P.S. Case No.672 of 2021) for allegedly possessing eight litres of country‑made liquor, alleged offences under Sections 30(a), 30(b), 30(c) and 32(iii) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that he was not apprehended on the spot, no liquor was recovered from his physical possession, and he has no prior criminal record. The State opposed the anticipatory bail application. The Court considered the lack of on‑the‑spot apprehension, absence of recovery from the petitioner’s possession, and his clean antecedent, and consequently decided to grant anticipatory bail. The order directed the petitioner to furnish bail bonds of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The anticipatory bail is to be effective if the petitioner is arrested or surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the facts of non‑apprehension, no recovery from his possession, and lack of criminal antecedent.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- excise law
- illegal liquor
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16992 of 2026
Arising Out of PS. Case No.-672 Year-2021 Thana- DIGHA District- Patna
======================================================
Vicky Manjhi S/o Sadhu Manjhi R/O - Railway Line Mushari, P.S - Digha,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Adv
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Digha P.S. Case No.672 of 2021 registered for the offence
under Sections 30(a), 30(b), 30(c), 32(iii) of Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per prosecution case, there is recovery of 8 liters
countrymade liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that the petitioner has not been
apprehended on the spot and no recovery has been made from
the conscious physical possession of the petitioner and the
petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.16992 of 2026(2) dt.25-03-2026
2/2
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioner has not been
apprehended on the spot and no recovery has been made from
the conscious physical possession of the petitioner and also
given the fact that the petitioner has no criminal antecedent, this
Court is inclined to grant privilege of anticipatory bail to the
petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Specail Judge,
Excise-II, Patna in connection with Digha P.S. Case No.672 of
2021, subject to the conditions laid down under Section 482(2)
of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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