Patna High Court
RAJU KUMAR MANJHI @ Raju ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The bail application was disposed without granting pre‑arrest bail, pending investigative reports on the vehicle.
Summary
The petitioner, Raju Kumar Manjhi, applied for pre‑arrest bail in a case where 311.34 litres of Indian Made Foreign Liquor were seized from a wagon bearing registration WB24R7899, allegedly linked to him. He contends that he is innocent, has no connection with the seized liquor, and is not the owner of the vehicle. The State opposed the bail, citing offences under Section 281 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The Court directed the District Court to obtain a report from the Superintendent of Police and the District Transport Officer regarding the vehicle's ownership and status. It further ordered that if the vehicle is not stolen and does not belong to the petitioner, bail may be granted on suitable conditions, but pending that inquiry the bail application was disposed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the alleged liquor smuggling offences.
- Whether the ownership or status of the seized vehicle implicates the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 281
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- liquor smuggling
- vehicle ownership
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30352 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Raju Kumar Manjhi @ Raju Manjhi S/o Late Sitaram Manjhi R/o Village-
Senduar Babu Tola, P.S- Janta Bazar, District- 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 PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Janta Bazar P.S. Case No. 89 of 2026 registered for the
offence punishable under Section 281 of the BNS and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., 311.34
litres of different brands of IMFL was recovered from a wagon
car bearing Registration No. WB24R7899 parked in front of the
house of one Harendra Kumar Manjhi @ Lala.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. He has no concern either
with the seized liquor or trade of liquor in any manner. He is not
the owner of the car in question.
Patna High Court CR. MISC. No.30352 of 2026(2) dt.13-05-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., learned District Court is directed to call for a report
from the Superintendent of Police concerned, as well as, the
District Transport Officer in respect of the vehicle, the details of
which is mentioned in the F.I.R. and the seizure list.
7. If it is found that the car in question is not a stolen
one and doesn’t belong to the petitioner and it is registered in
the name of some other person, then in that case, the petitioner,
above named, be released on pre-arrest bail on such terms and
conditions the learned District Court deems fit and proper.
8. The Superintendent of Police, Saran is directed to
take appropriate and effective steps to curb illegal smuggling,
manufacturing, and sale of illicit liquor, which is prohibited, and
to ensure strict enforcement of the law, especially in view of the
possibility that the complicity of police officials, excise
officials, and transport department personnel, in connivance
with the taxation department, cannot be ruled out.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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