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Patna High Court

Krishna ManjhiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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