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Patna High Court

Nayan Kishore Manjhi @ Nand Kishor PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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