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Patna High Court

RANJAN KUMAR MANJHI @ LALU @ RANJAN MANJHIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with specified conditions.

Summary

Ranjan Kumar Manjhi sought anticipatory bail fearing arrest in a case where police seized 311.34 litres of foreign liquor from a four‑wheel vehicle, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act and Section 281 of the Bihar Narcotic Substances Act. The petitioner contended he did not own the vehicle and was being implicated due to local enmity, offering to contribute Rs 5,000 to the District Legal Services Authority for a community project. The State opposed the bail, citing the petitioner’s criminal antecedents. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar under Section 76(2) if no offence is made out, the court granted anticipatory bail with a Rs 10,000 bond, two sureties, and several conditions including regular police appearances and a Rs 5,000 contribution. The order directed the trial court to enforce the bail conditions and to receive the contribution receipt.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the petitioner’s lack of ownership of the vehicle negates liability for the alleged offence.
  • Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • section 30
  • section 281
  • section 76(2)
  • seizure of foreign liquor
  • bail conditions
  • criminal antecedent
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29552 of 2026
                      Arising Out of PS. Case No.-89 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 RANJAN KUMAR MANJHI @ LALU @ RANJAN MANJHI S/O LATE
                 NAGESHWAR MANJHI R/o vill - Senduar Babu Tola, P.S.- Janta Bazar,
                 Distt- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwajeet Singh, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-05-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Janta Bazar P.S. Case No. 89 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act and Section 281 of the BNS.

                                3. As per the prosecution story, the Police intercepted

                   a four wheeler and from it, there is recovery/seizure of 311.34

                   liters of foreign liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he

                   do not own the vehicle and only because of enmity, the locals

                   have named him. The last submission is that without accepting

                   the allegation and/or the outcome of the present case, the

                   petitioner intends to contribute Rs. 5,000/- to the District Legal
Patna High Court CR. MISC. No.29552 of 2026(2) dt.06-05-2026
                                            2/4




          Services Authority, Saran at Chapra for putting up flower pots in

          the Civil Court Campus of Saran at Chapra Judgeship through

          Demand Draft issued by the local branch of the State Bank of

          India.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that the

          petitioner has criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that he do not own the vehicle, in that background, this

          Court is inclined to extend him the privilege of anticipatory bail

          with conditions subject to payment of Rs. 5,000/- to the District

          Legal Services Authority, Saran at Chapra for putting up flower

          pots in the Civil Court Campus of Saran at Chapra Judgeship
Patna High Court CR. MISC. No.29552 of 2026(2) dt.06-05-2026
                                            3/4




          through Demand Draft issued by the local branch of the State

          Bank of India and the receipt of the expenditure shall be

          submitted to the trial Court by the DLSA, Saran at Chapra.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of the Court concerned in connection with Janta

          Bazar P.S. Case No. 89 of 2026 subject to the following

          conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his
          Patna High Court CR. MISC. No.29552 of 2026(2) dt.06-05-2026
                                                      4/4




                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the bail bonds;

                                 (v) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (vi) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.

                                 9. A copy of the order be sent to the Principal District

                    and Sessions Judge, Saran at Chapra for his/her perusal and

                    needful.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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