Patna High Court
Shiv Manjhi @ Shiv Dusad @ Shivji ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
Shiv Manjhi applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 20 litres of illicit liquor. The prosecution alleged the liquor was found at an open place, but the petitioner asserted that no incriminating material was found in his possession and that he had no involvement in the recovery. He also highlighted his clean antecedent. The State opposed the bail application. The Court, considering the nature of the accusation, the location of the recovery, and the petitioner's clean record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19965 of 2026
Arising Out of PS. Case No.-688 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Shiv Manjhi @ Shiv Dusad @ Shivji Manjhi S/o Kuber Manjhi R/o Mohalla -
Nai Basti Dusad Tolle Brahampur, P.S - Bhagwan Bazar, District - Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 20 litres illicit liquor was
recovered from an open place.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and his name transpired in this case during
investigation. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.19965 of 2026(2) dt.08-04-2026
2/2
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise
Court-I, Saran at Chapra in connection with Bhagwan Bazar P.
S. Case No. 688 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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