Patna High Court
RANJAN KUMAR MANJHI @ LALU @ RANJAN MANJHIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Narcotic Substances Act — s. 281
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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
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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
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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
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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/-
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