Patna High Court
Naresh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, Naresh Manjhi.
Summary
The petitioner, Naresh Manjhi, applied for anticipatory bail in a case arising from a police raid that recovered illicit liquor from co‑accused Kariman Manjhi and others. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act, 2016, including illegal manufacture and possession of liquor and assault on police. The petitioner contended that no liquor was recovered from his premises, he did not partake in the assault on police, and he has no prior criminal record. The court noted that a co‑ordinate bench had already granted anticipatory bail to co‑accused Kariman Manjhi and that the petitioner’s circumstances were similar or more favorable. Considering the lack of material linking the petitioner to the alleged offences and his clean antecedent, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s alleged involvement in the alleged offences warrants denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 132, 262, 263, 324(4)(5), 3(5), 351(2)(3), 352
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 45
Subjects
- anticipatory bail
- illicit liquor
- excise law
- assault on police
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24219 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- RANIYATALAB District- Patna
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Naresh Manjhi Son of Late Tapeswar Manjhi Resident of Village- Raghopur
Patut, P.S.- Ranitalab, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
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 Rani Talab Police Station Case No. 102 of 2025, dated
08.03.2025, disclosing offences punishable under
Sections 126(2)/115(2)/109/132/262/263/324(4) (5)/352/
351(2) (3)/3(5) of the Bhartiya Nyaya Sanhita, 2023 and
Sections 30 (a)/45 of the Bihar Prohibition and Excise
Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police reached Raghopur Mushahri and started
raiding the house of the petitioner and others, and also
destroyed the fermented liquor. The police also recovered
10 litres of illicit liquor kept behind the shop of co-
Patna High Court CR. MISC. No.24219 of 2026(2) dt.22-04-2026
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accused Arun Tanti and 30 litres of illicit country made
liquor from the house of co-accused Kariman Manjhi.
When the police came out of the house of co-accused
Kariman Manjhi, other co-accused persons started
abusing and brick batting upon the police, due to which
the police officials sustained injuries and they anyhow
saved themselves.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case. There is no recovery of illicit liquor from the
house of the petitioner. The petitioner is also not involved
in the abusing and assaulting upon the police. The
petitioner has got no criminal antecedent. He further
submits that co-accused Kariman Manjhi, from whose
house 30 litres of illicit country-made liquor has been
recovered, was granted anticipatory bail by a co-ordinate
Bench of this Court, vide order dated 08.08.2025, passed
in Criminal Misc. No. 43314 of 2025, and the case of the
petitioner is on better footing that that of co-accused
Kariman Manjhi.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
Patna High Court CR. MISC. No.24219 of 2026(2) dt.22-04-2026
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fact that there is no recovery from the house of the
petitioner, co-accused Kariman Manjhi, from whose
house, 30 litres of illicit country-made liquor has been
recovered, was granted anticipatory bail by a co-ordinate
Bench of this Court, the petitioner is not involved in the
abusing and assault made upon the police and he 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 Special Excise Judge,
Danapur, Patna, in connection with Rani Talab Police
Station Case No. 102 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/-
U √ T √
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