Patna High Court
Vishundev ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not granted where the recovery of illicit liquor from the accused’s premises, without proof of conscious possession, suffices to deny bail under the precedent.
Summary
Petitioner Vishundev Manjhi applied for anticipatory bail after a police case (No.110 of 2026) alleged that 10 litres of illicit liquor were recovered from his house under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his conscious possession, he had a clean antecedent, and the accusation was purely on suspicion. The State, through its A.P.P., contended that the recovery from the petitioner’s house justified denial of anticipatory bail, relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar. Justice Prabhat Kumar Singh examined the material evidence and the precedent, concluding that the petitioner was not entitled to anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act when illicit liquor is recovered from his premises but no material is found in his conscious possession.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- suspicion
- Full Bench precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28665 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- HISUWA District- Nawada
======================================================
Vishundev Manjhi S/o- Sundar Manjhi Resident Of Village- Oro Ps-Hisua
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Hisua P. S. Case No.
110 of 2026 registered for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 10 liters illicit liquor
was recovered from the house of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State submits that 10 liters
illicit liquor was recovered from the house of the petitioner. He
further submits that petitioner is not entitled to the privilege of
Patna High Court CR. MISC. No.28665 of 2026(2) dt.30-04-2026
2/2
anticipatory bail in view of Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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