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Patna High Court

Vicky ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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