Patna High Court

Abhishek Manjhi @ Abhishek KumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Abhishek Manjhi, sought bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after a FIR and seizure list indicated that 5 litres of country‑made liquor and 50 litres of raw material were recovered from an open area near his thatched house. He contended that the recovery was made in a public place, that nothing was found in his physical or conscious possession, and that the seizure violated mandatory search‑seizure provisions due to lack of an independent witness. The State opposed bail, citing a prior similar offence, although the petitioner was already on bail for that case. The Court, considering the open‑place recovery and the alleged procedural lapses, granted bail on the condition of a Rs.10,000 bond, two sureties, surrender within four weeks, and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., along with cooperation in the investigation.

Issues considered

Whether bail should be granted when the alleged seizure was made in an open place without the accused's possession and possibly violating search‑seizure provisions.
Whether the petitioner’s prior criminal antecedent of a similar nature warrants denial of bail.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
search and seizure
prohibition law
liquor offences
criminal procedure
prior conviction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25899 of 2026
                        Arising Out of PS. Case No.-59 Year-2026 Thana- Gaura P.S. District- Saran
                 ======================================================
                 Abhishek Manjhi @ Abhishek Kumar S/O Tarkeshwar manjhi R/O Vill.-
                 Gaura Bazar Pusman Toli, P.S.- Gaura, Dist.- Saran.        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. A perusal of the first information report and the

                   seizure list would go to show that 5 liters of country made

                   liquor/Mahua liquor and 50 liters of raw material for brewing

                   liquor hve been recovered from the thatched house (Palani) of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   the place of recovery is an open place, near the house of the

                   petitioner, which is easily accessible to anyone and someone due

                   to ill motive has put the same to falsely implicate the petitioner.

                   It is also a fact that the petitioner was not caught on the spot and

                   nothing has been recovered from the physical or conscious

                   possession of the petitioner. There is violation of mandatory
            Patna High Court CR. MISC. No.25899 of 2026(2) dt.24-04-2026
                                                        2/2




                      provisions of search and seizure as there is no independent

                      witness to the said seizure list.

                                   5.    Learned APP for the State opposed the prayer for

                      bail on the ground that the petitioner has one criminal

                      antecedent of the similar nature of the offence. In response,

                      learned counsel for the petitioner submitted that the petitioner is

                      on bail in the said case.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case and further that the said recovery has

                      been made from an open place, let the above named petitioner,

                      be released on bail, in the event of his arrest or surrender before

                      the learned Court below within a period of four weeks from

                      today, on furnishing bail bond of Rs.10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/ successor Court in connection with Gaura P.S. Case

                      No.59 of 2026, subject to the condition as laid down under

                      Section 438 (2) of the Cr.P.C./Section 482 (2) B.N.S.S. and

                      subject to the further condition that the petitioner shall

                      cooperate in the investigation/trial.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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