Patna High Court
Sanny Manjhi @ Shani KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted.
Summary
The petitioner, Sanny Manjhi, applied for anticipatory bail after 159.840 liters of illicit liquor were recovered from his vehicle and he was identified by a chowkidar. The charges were under Section 315(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution emphasized the large quantity of contraband and the petitioner’s five prior criminal convictions. The court considered the nature and gravity of the offence and the risk of evidence tampering. Finding that the circumstances did not justify anticipatory bail, the court rejected the application. The order is confined to this application and does not prejudice any later stage of the proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case involving large-scale illicit liquor possession and prior convictions
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 315(5)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- criminal antecedents
- Section 315(5) BNS
- Section 30(a) Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25684 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Sanny Manjhi @ Shani Kumar S/O Ghura Manjhi Resident of Village-
Ramgarh, P.S- Nautan, Distt.- Nautan, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Prakash
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Mirganj P.S. Case No. 377 of 2025 registered for offences
under Sections 315(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 159.840 liters of illicit
liquor have been recovered from the vehicle. The name of the
petitioner has come in the case on the statement of the
Chowkidar who has identified the petitioner. The petitioner has
five criminal antecedents also.
4. Considering the facts and circumstances of the case
including the recovery of illicit liquor and the nature and gravity
of the offence, this Court finds that it is not a fit case for the
Patna High Court CR. MISC. No.25684 of 2026(2) dt.06-05-2026
2/2
grant of anticipatory bail.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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