Patna High Court

Akash Kumar @ Akash Kumar ManjhiversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Akash Kumar Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 36 litres of country-made liquor, with the prosecution relying solely on the disclosure statement of a co-accused. The petitioner contended that no incriminating material was found on him, he had a clean antecedent, and he was falsely implicated. The State opposed the grant of anticipatory bail. Considering the lack of substantive evidence, the petitioner’s clean record, and the nature of the allegation, the Court ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively grants anticipatory bail with specified conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the paucity of evidence and his clean antecedent.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
country-made liquor
clean antecedent
co-accused disclosure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26170 of 2026
                          Arising Out of PS. Case No.-21 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Akash Kumar @ Akash Kumar Manjhi S/o Mathura Manjhi, R/o Digha,
                 Mushari, Police Station- Digha, Distt.- Patna.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deovind Kumar Singh, Advocate.
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Digha P.S. Case No.21 of 2026 instituted under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of 36

                   liters country made liquor from the bags. It is alleged that

                   petitioner fled away from the spot leaving his cycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case only on the basis of disclosure statement made by the co-

                   accused Ajay Kumar. He further submits that except the

                   disclosure statement of the co-accused, there is no material

                   against the petitioner. Learned counsel submits that no

                   incriminating article has been recovered from the conscious
              Patna High Court CR. MISC. No.26170 of 2026(2) dt.22-04-2026
                                                          2/2




                        possession of petitioner and he has no concern either with seized

                        liquor or with the seized cycle. He further submits that

                        petitioner is a young boy of 23 years, having got clean

                        antecedent and he undertakes to cooperate in the investigation

                        and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner as well as his

                        clean antecedent, in the event of arrest or surrender before the

                        Court below within six weeks from today, the petitioner be

                        released on bail upon furnishing bail bonds of Rs.10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount to

                        each to the satisfaction of the learned Additional District and

                        Sessions       Judge-cum-Special           Judge,    Excise-IInd,   Patna/

                        concerned Court in connection with Digha P.S. Case No.21 of

                        2026, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

Continue reading with your account

Checking your session…