Patna High Court
Nayan Kishore Manjhi @ Nand Kishor PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Nayan Kishore Manjhi, applied for anticipatory bail fearing arrest in a case (PS‑149/2024) concerning the alleged possession of eight litres of illicit liquor recovered from a motorcycle. The prosecution alleged that the liquor was found in a vehicle owned by the petitioner, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, asserting that the motorcycle had been gifted to him at marriage, the marriage dissolved, and the vehicle returned to his in‑laws, leaving him with no ownership or possession. The State opposed the bail, arguing the seizure justified arrest. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership or possession of the motorcycle at the time of seizure is sufficient ground for arrest.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- motorcycle seizure
- Cr.P.C. 438
- BNSS 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 23114 of 2026
Arising Out of PS. Case No.-149 Year-2024 Thana- SRIPUR District- Gopalganj
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Nayan Kishore Manjhi @ Nand Kishor Paswan S/O Bharat Manjhi @ Bharat
Paswan Resident of Village - Bathua Bazar, PS- Sripur, district- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Sripur P.S. Case no. 149 of 2024 instituted for
the offence under Sections 30 (a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that eight
litres of country-made liquor were recovered from a motorcycle.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner has been falsely implicated in the present case merely
because he was shown to be the owner of the motorcycle. It is
further submitted that the motorcycle had been gifted to the
petitioner by his in-laws at the time of marriage, but the
marriage was dissolved two months ago and the petitioner had
Patna High Court CR. MISC. No. 23114 of 2026(2) dt.08-05-2026
2/2
returned the motorcycle to his in-laws. It is further submitted
that the petitioner is no longer in possession of, or owner of, the
said motorcycle. It is also submitted that the petitioner has no
criminal.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Sripur P.S. Case no. 149 of 2024, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge –
XIII cum Special Judge, Excise Court No. 1,
Gopalganj/concerned Court, subject to the conditions as laid
down under section 438(2) of the Cr.P.C/ Section 482 (2) of the
BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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