Patna High Court

Jitan ManjhiversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court held that, given the petitioner’s clean antecedent and the absence of any recovery from his possession, anticipatory bail should be granted subject to a Rs 30,000 bond and verification of antecedents.

Summary

Jitan Manjhi sought anticipatory bail after the police lodged a case (PS Case No. 337 of 2025) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging possession of 30 litres of illicit liquor. The prosecution claimed recovery of the liquor, but none was found in the petitioner’s possession and he asserted a clean criminal record. The State opposed bail, while the petitioner’s counsel argued innocence and lack of material evidence. The High Court, applying the provisions of the BNSS, 2023 and Section 482(2) of the Code, granted anticipatory bail for four weeks, conditioned on a Rs 30,000 bond and verification of the petitioner’s antecedents. The order directed the Special Judge Excise Court‑I to accept the bond without delay but to cancel it if the petitioner concealed any prior convictions.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the applicable provisions in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the conditions imposed, including the bail bond and verification of criminal antecedent, are appropriate.

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482 CrPC
bail bond
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26892 of 2026
                 Arising Out of PS. Case No.-337 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Jitan Manjhi S/o Dukhan Manjhi Resident of Village - Saphi Britiya Mathiya
                 Tola, P.S. - Raghunathpur, Dist. - East Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Raghunathpur P.S. Case No. 337 of 2025, dated

                   24.11.2025, lodged under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 30 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. Furthermore, he submits that the petitioner has

                   clean criminal antecedent.
         Patna High Court CR. MISC. No.26892 of 2026(2) dt.22-04-2026
                                                     2/2




                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. As such, in the present facts and circumstances of

                   this case, let the above named petitioner be released on

                   anticipatory bail, in the event of arrest or surrender before the

                   Trial Court within a period of 4 weeks from today, on furnishing

                   bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                   mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                   satisfaction of Special Judge Excise Court-I, East Champaran at

                   Motihari, in connection with Raghunathpur P.S. Case No. 337 of

                   2025, subject to the conditions as laid down U/s 482(2) of the

                   BNSS, 2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedent of the petitioner, and in case it is found

                   at any stage that the petitioner has concealed his criminal

                   antecedent, the Trial Court shall take steps for cancellation of

                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T

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