Patna High Court
Siko Manjhi @ Shiko ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail is appropriate in the present case, subject to specified conditions, despite the petitioner's prior offences.
Summary
The petitioner, Siko Manjhi, sought anticipatory bail after an FIR alleged that 125 litres of illicit country-made liquor were recovered from his house and that he fled the scene. The FIR named him based solely on identification by a local watchman, with no seizure of liquor from his personal possession. The State opposed bail, citing four prior similar offences, though the petitioner was already on bail in those matters. The petitioner offered to deposit Rs.5,000 with the High Court Legal Services Committee and agreed to a bail bond of Rs.10,000 with two sureties. The Court, considering the lack of personal possession and the circumstances, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including a relative as bailor and cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. (and Section 482 BNSS) for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner's prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30
- Bihar Prohibition and Excise Act
- Section 438
- BNSS
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25982 of 2026
Arising Out of PS. Case No.-112 Year-2026 Thana- HISUWA District- Nawada
======================================================
Siko Manjhi @ Shiko Manjhi S/o- Late Rajo Manjhi Village - Panchu Talab,
P.S - Hisua Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his 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 125 litres of country made liquor has been recovered from
the house of the petitioner and he is said to have fled away from
the place of occurrence.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired on the basis of
identification made by the local Chaukidar, however, there is no
recovery from personal or conscious possession of the
petitioner.
Patna High Court CR. MISC. No.25982 of 2026(2) dt.24-04-2026
2/3
5. Learned APP for the State opposed the prayer for
anticipatory bail and submits that the petitioner has four
criminal antecedents of similar nature. However, in response it
has been submitted that the petitioner is on bail in all these
cases.
6. Petitioner has offered to deposit a sum of
Rs.5,000/- (Rupees Five Thousand) in Patna High Court Legal
Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
7. Taking into consideration the facts and
circumstances of the case, 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 Hisua P.S. Case No. 112 of 2026,
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, subject to condition(s) that:
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister.
Patna High Court CR. MISC. No.25982 of 2026(2) dt.24-04-2026
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(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.
8. The bail bond of the petitioner shall be accepted by
the learned Court below on showing receipt of deposit of the
aforesaid amount in the account of Patna High Court Legal
Services Committee, Patna.
(Soni Shrivastava, J)
anand/-
U T
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