Patna High Court
Sandeep ManjhiversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sandeep Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly storing and selling illicit country-made liquor in a wheat field near a crematorium. The police recovered 9.8 litres of liquor after a local informant identified the petitioner as the individual who fled the scene. The petitioner contended that he was falsely implicated, had no criminal record, and that the recovery was made from an open space based solely on local testimony. The court examined these facts, noting the lack of prior criminal antecedent and the circumstances of the recovery. Considering these factors, the court exercised its discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and the requirement to appear before the lower court within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of the alleged offence—recovery from an open field and reliance on local testimony—justify the grant of bail.
- Whether the court may impose conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- open space recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24214 of 2026
Arising Out of PS. Case No.-120 Year-2025 Thana- PANCHRUKHI District- Siwan
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Sandeep Manjhi S/O Pradeep Manjhi Resident of vill-Sadikpur PS- Pachrukhi
Dist- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Anupam
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Pachrukhi Police Station Case No. 120 of 2025, dated
18.03.2025, disclosing offence under Section 30 (a) of the
Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that the petitioner
has kept illicit liquor in a plastic sack near west of the
crematorium in a wheat field and is selling the same,
reached the place of occurrence and on seeing the police,
one person fled away after throwing the sack. The local
persons disclosed the name of the person who fled away
as the petitioner. On search of the sack, the police
Patna High Court CR. MISC. No.24214 of 2026(2) dt.22-04-2026
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recovered 9.8 litres of illicit country-made liquor.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case. He further submits that the name of the
petitioner transpired in this case on the basis of disclosure
of his name by the local persons. He further submits that
the petitioner has no criminal antecedent and the recovery
has been made from an open space.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the petitioner has been made accused in this case
at the behest of the local persons, the recovery of illicit
country-made liquor has been made from a wheat field,
which is an open space and the petitioner has got no
criminal antecedent, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Patna High Court CR. MISC. No.24214 of 2026(2) dt.22-04-2026
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Court No. I, Siwan, in connection with Pachrukhi Police
Station Case No. 120 of 2025, subject to the condition
laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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