Patna High Court
Pappu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a bond of ₹30,000 and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Pappu Manjhi, sought bail fearing arrest in a case (Sherghati P.S. Case No. 543/2024) for alleged possession of 30 litres of illicit liquor, alleged under Sections 30(a) and 37(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s recovery was from the petitioner’s house, which the petitioner contended is a joint property and that he had no conscious possession of the liquor. He also highlighted his clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court, considering the joint‑property nature of the premises, the petitioner’s clean antecedent, and the statutory provisions, ordered that bail be granted on 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).
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged recovery of illicit liquor from a joint property house.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify bail under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- illicit liquor
- prohibition act
- joint property
- clean antecedent
- excise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25355 of 2026
Arising Out of PS. Case No.-543 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Pappu Manjhi S/o Badan Manjhi @ Kulher Manjhi R/o Village - Gopalpur,
P.S. - Sherghati, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, 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 Sherghati P.S. Case No. 543/2024 registered on 01.11.2024
for the offences punishable under Sections 30(a), 37(2) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 30 liters illicit
liquor, from the house of the petitioner, 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
conscious physical possession of the petitioner rather it has been
shown from the house of the petitioner. It is further submitted
Patna High Court CR. MISC. No.25355 of 2026(2) dt.29-04-2026
2/2
that the said house from where the alleged recovery has been
shown is a joint property house wherein agnate of the petitioner
also resides. The petitioner has a clean criminal antecedent.
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 Exclusive Special Judge,
Excise-V, Gaya, 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
Checking your session…