Patna High Court
Krishna ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Krishna Manjhi sought anticipatory bail after the police recovered 180 litres of illicit country-made liquor, including 65 litres from his hut, and charged him under Sections 30(a), 30(c), 32(iii) and 36 of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, asserting no incriminating material was found in his possession and that he has a clean record. The State opposed the bail, relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar which denied anticipatory bail in similar circumstances. The court examined the nature of the accusation and the precedent. Considering the seriousness of the offence and the cited Full Bench ruling, the court rejected the petition for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Sections 30(a), 30(c), 32(iii) and 36 of the Bihar Prohibition and Excise Act.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail in the present case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 32(iii), 36
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- bail jurisprudence
- Full Bench precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19324 of 2026
Arising Out of PS. Case No.-1140 Year-2021 Thana- PHULWARISHARIF District- Patna
======================================================
Krishna Manjhi Son of Shiv Manjhi Resident of - Govindpur Lakshman Tola,
P.S.- Phulwarisharif, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhimanyu Deo, Advocate
For the State : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a),
30(c), 32(iii) and 36 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, in total, 180 litres illicit
country made liquor was recovered out of which, 65 litres illicit
country made liquor was recovered from the hut of this
petitioner.
4. Learned counsel appearing for the petitioner
submits that petitioner is innocent and has falsely been
implicated in this case. No incriminating material has been
recovered from the conscious possession of this petitioner and
Patna High Court CR. MISC. No.19324 of 2026(2) dt.05-05-2026
2/2
he is in no way connected with the aforesaid recovery. Petitioner
claims clean antecedents.
5. On the other hand, learned APP appearing for the
State submits that petitioner is not entitled to the privilege of
anticipatory bail in view of decision of the Full Bench of this
Hon’ble Court rendered in the case of Ram Vinay Yadav vs.
The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the nature of accusation and aforesaid
decision of this Hon’ble Court, the prayer for grant of
anticipatory bail to this petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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