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Patna High Court

Naresh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




                   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
                                                        3/3




                               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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