Patna High Court
Harendra Kumar @ Kaju ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence under the Excise Act is made out against the petitioner and he has no criminal antecedent.
Summary
The petitioner, Harendra Kumar (Kaju Manjhi), sought anticipatory bail fearing arrest in an excise case (Maner PS Case No. 927/2021) where 15 litres of country‑made liquor were seized from his hut. He contended that the liquor was not in his conscious possession as the hut is jointly owned, and that he has no prior criminal record. The prosecution argued that the liquor was found at his residence and that his name appeared because the hut is owned by him. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), the court held that anticipatory bail can be granted in excise matters despite the bar under Section 76(2) if no offence is made out. Considering the lack of conscious possession and the petitioner’s clean antecedent, the court granted anticipatory bail subject to stringent conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail can be granted in a case under the Excise Act despite the bar under Section 76(2).
- Whether the petitioner had conscious possession of the seized liquor.
- Whether the absence of prior criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 37(b), 37(c)
Subjects
- anticipatory bail
- Excise Act
- Section 76(2)
- conscious possession
- criminal antecedent
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21644 of 2026
Arising Out of PS. Case No.-927 Year-2021 Thana- MANER District- Patna
======================================================
Harendra Kumar @ Kaju Manjhi S/o Raju Manjhi Resident of Village-
Mahuari Bagicha, P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mrs.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr.Sheo Kumar Prasad, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Maner P.S. Case No. 927/2021 for the offences registered
under section 30(a), 37(b), 37(c) of the Excise Act lodged on
16.11.2021 by the informant, Shambhu Kumar Chaudhary.
3. As per the prosecution story, the Police on
information reached the place and recovered/seized 15 liters of
country made liquor from the hut of this petitioner. This led to
the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession, it is
the joint house.
5. Further submission is that one Rajesh Kumar Sinha
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was arrested from the spot itself. Last submission is that he do
not have criminal antecedent.
6. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
7. Learned AP opposes the prayer submitting that his
name has cropped up because the hut is owned by him.
8. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the fact that Rajesh Kumar Sinha was arrested, he do not
have criminal antecedent, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
9. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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the like amount each in connection with Maner P.S. Case No.
927/2021 to the satisfaction of learned Special Excise Judge,
Danapur, Patna subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of bail bonds;
(v) the petitioner shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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