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Patna High Court

RAJU KUMAR MANJHI @ Raju ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                                 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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