Patna High Court

Jitendra ManjhiversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under the B.N.S.S., 2023.

Summary

The petitioner, Jitendra Manjhi, was implicated in a case under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 10 litres of illicit liquor. The FIR was lodged based on information from local residents, and no liquor was recovered from the petitioner's possession. The petitioner pleaded innocence, asserted a clean antecedent, and applied for anticipatory bail. The State opposed the bail. The High Court, considering the circumstances, granted anticipatory bail on the condition of furnishing a Rs.30,000 bail bond under Section 2(1)(d) of the B.N.S.S., 2023 and subject to the provisions of Section 482(2) of the same Act, directing the trial court to verify any criminal antecedents and cancel the bail if concealment is discovered.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
Whether the allegations under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 justify denial of bail

Legislation cited

B.N.S.S., 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482 CrPC
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22654 of 2026
                          Arising Out of PS. Case No.-12 Year-2026 Thana- KOPA District- Saran
                 ======================================================
                 Jitendra Manjhi S/o Marai Manjhi R/o Village - Pokharbhinda (Manjhi), P.S.
                 Kopa, District - Saran at Chapra
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mrs. Shaheen Begum, 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 Kopa P.S. Case No. 12 of 2026 lodged on 22.01.2026, for

                   the offence punishable under section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   the sole petitioner. 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

                   submits that nothing has been recovered from the conscious

                   possession of the petitioner and his name has come in this case

                   on the basis of disclosure made by local people. Counsel further

                   submits that the petitioner has clean antecedent.
             Patna High Court CR. MISC. No.22654 of 2026(2) dt.16-04-2026
                                                         2/2




                                    5. Learned APP for the State opposes the prayer for

                       bail of the petitioner.

                                    6. In the present facts and circumstances of this case,

                       let the above named petitioner be released on anticipatory bail,

                       in the event of arrest or surrender before the Trial Court within a

                       period of 4 weeks from today, on furnishing bail bond of

                       Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

                       2(1)(d) of the B.N.S.S., 2023 to the satisfaction of 3 rd Exclusive

                       Special Excise Judge, Saran at Chapra, in connection with Kopa

                       P.S. Case No. 12 of 2026, subject to the conditions as laid down

                       U/s 482(2) of the B.N.S.S., 2023.

                                    7. The Trial Court is directed to verify the criminal

                       antecedent(s) of the petitioner, and in case, it is found at any

                       stage that the petitioner has concealed the fact about his criminal

                       antecedent(s), the Trial Court shall take steps for cancellation of

                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.


                                                                        (Dr. Anshuman, J)
Divyansh/-

U      T

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