Patna High Court
Biran ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Biran Manjhi, sought anticipatory bail fearing arrest in a case (PS Case No. 296 of 2021) under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 10 litres of illicit liquor were recovered. The petitioner claimed he was innocent, not caught in possession, and not apprehended on the spot, but the State highlighted his prior pending criminal case of a similar nature. The learned counsel for the State opposed bail, emphasizing the petitioner’s unclean antecedent. The Court examined the facts and, considering the seriousness of the offence and the petitioner’s criminal history, declined to grant anticipatory bail. Consequently, the Court ordered the petitioner to surrender within six weeks and directed the trial court to consider any bail application on merits thereafter.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2018 in view of the alleged recovery of illicit liquor and his prior criminal antecedent.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail jurisprudence
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22621 of 2026
Arising Out of PS. Case No.-296 Year-2021 Thana- BARAULI District- Gopalganj
======================================================
Biran Manjhi S/o Bhulan Manjhi Resident of Village- Kahla, P.S.- Barauli,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Barauli P.S. Case No. 296 of 2021, dated 10.10.2021,
lodged under Sections 30(a) & 37(b)of the Bihar Prohibition
and Excise (Amendment) Act, 2018, pending before the Court
of Additional District and Sessions Judge 13th cum Special
Excise Court No. 1, Gopalganj.
3. As per the prosecution, total recovery of 10 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner was neither apprehended from
Patna High Court CR. MISC. No.22621 of 2026(2) dt.16-04-2026
2/2
the spot nor was anything illicit recovered from his possession.
Counsel also submits that the criminal antecedent of the
petitioner is not clean, as there is one criminal case pending
against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean, as there is one criminal case of the
same nature pending against him.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.