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Patna High Court

Manish ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Manish, Shankar and Bilendra Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 83 litres of country‑made liquor near Ashopur Devi Temple. They contended that the seizure occurred in an open public place, that they had no personal possession of the liquor, and that there were no independent witnesses to the search, rendering liability untenable. The State opposed the bail, noting that while petitioners 1 and 2 had no criminal record, petitioner 3 had a prior similar offence, though he was already on bail. The Court, after considering the facts, granted anticipatory bail to all three petitioners, subject to a bail bond of Rs 10,000 with two sureties each, to be filed within four weeks, and conditioned on Sections 438(2) of the Cr.P.C. and 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order ensures their release if arrested or they surrender, while preserving the State’s right to proceed with the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether the absence of personal possession and lack of independent witnesses negates liability for the alleged liquor seizure.
  • Whether the prior criminal antecedent of petitioner 3 warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • search and seizure
  • liquor offence
  • Cr.P.C. Section 438
  • BNSS Section 482
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25955 of 2026
                       Arising Out of PS. Case No.-1413 Year-2022 Thana- DANAPUR District- Patna
                 ======================================================
           1.     Manish Manjhi S/O Jhapsi Manjhi R/O Vill.- Ashopur Musahari, P.S.-
                  Danapur, Dist.- Patna.
           2.    Shankar Manjhi S/O Lal Manjhi R/O Vill.- Ashopur Musahari, P.S.-
                 Danapur, Dist.- Patna.
           3.     Bilendra Manjhi S/O Kamlesh Manjhi @ Kamesh Manjhi R/O Vill.-
                  Ashopur Musahari, P.S.- Danapur, Dist.- Patna.
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amaresh Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The allegation in the First Information Report is

                   that 83 litres of country made liquor has been recovered from

                   the place near Ashopur Devi Temple.

                                4. Learned counsel for the petitioners submits that the

                   place of occurrence is an open place, which is easily accessible

                   to all and hence, no liability can be fixed. It is submitted that

                   the name of the petitioners transpired only on the basis of
            Patna High Court CR. MISC. No.25955 of 2026(2) dt.24-04-2026
                                                        2/2




                      suspicion. It is further submitted that there is no recovery from

                      the personal or conscious possession of the petitioners. There is

                      no independent witness to the search and seizure.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail and submits that petitioner nos. 1 and 2 have no

                      criminal antecedent but the petitioner no.3 has one criminal

                      antecedent of similar nature. However, it has been submitted

                      that the petitioner no.3 is on bail in the said case.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case, let the above named petitioners, be

                      released on bail, in the event of their 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) each 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 Danapur P.S. Case

                      No. 1413 of 2022, subject to the condition as laid down under

                      Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya

                      Nagarik Suraksha Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T


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