Patna High Court
Praduman Manjhi @ Praduman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted subject to a bond of ₹30,000 and compliance with the conditions of Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Praduman Manjhi, sought bail fearing arrest in a case (Rupaspur P.S. Case No. 38 of 2026) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 130 litres of country‑made liquor recovered from a scooty. He contended that the liquor was not in his possession, that the scooty was not his, and that his name was supplied by a local chaukidar solely on suspicion, emphasizing his clean criminal record. The State opposed bail, arguing that the allegations were sufficient to justify continued detention. The Court examined the material on record and found no direct evidence linking the petitioner to the seized liquor, noting that the only basis for his implication was suspicion. Accordingly, the Court ordered that the petitioner be released on bail if arrested or surrendered within four weeks, upon furnishing a bond of ₹30,000 under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions of Section 482(2) of the same Act. The order effectively disposes of the bail petition.
Issues considered
- Whether bail should be granted to the petitioner in the absence of direct evidence linking him to the seized liquor.
- Whether the provisions of Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 are applicable to the bail application.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- prohibition law
- excise
- suspicion
- criminal procedure
- Section 30(a)
- Section 2(1)(d)
- Section 482(2)
- Bihar
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25033 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- RUPASPUR District- Patna
======================================================
Praduman Manjhi @ Praduman Kumar S/o Muna Munjhi R/o Village - Sevari
Nagar, P.S. - Pupaspur, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 29-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rupaspur P.S. Case No. 38 of 2026 registered on
19.01.2026 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 130 liters
country made liquor, loaded on a scooty, is the subject matter of
the present case.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The alleged recovery has not been made from the
possession of the petitioner. In fact, the petitioner's name was
provided by the local Chaukidar based solely on suspicion, and
Patna High Court CR. MISC. No.25033 of 2026(2) dt.29-04-2026
2/2
there is no evidence against the petitioner other than this
suspicion. The petitioner has a clean criminal antecedent.
Moreover, the petitioner is not the owner of the alleged scooty
from which the recovery was made.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Special Excise Judge,
Danapur, Patna, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Aman Kumar/-
U T
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