Patna High Court
Chintu Manjhi @ Sintu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted in the present case subject to stringent conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Chintu Manjhi sought anticipatory bail fearing arrest in a case (Kharagpur PS No. 66 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 9 litres of country‑made Mahua liquor allegedly from outside his house. The petitioner asserted he has no criminal antecedent and is being targeted due to local enmity, while the State opposed bail on the ground that the liquor was recovered from outside his residence. The Court, noting the petitioner’s clean record and the circumstances, decided to grant anticipatory bail but imposed strict conditions under Section 438(2) of the Criminal Procedure Code, including a cash bail, sureties, regular appearances before the trial court and police, and prohibitions against tampering with evidence or committing further offences. The order directs that the bail be effected within four weeks of the order and may be cancelled for non‑compliance. The decision reflects the Court’s balancing of the petitioner’s right to liberty against the State’s interest in ensuring the investigation proceeds unhindered.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was seized outside the accused’s house.
- Whether the petitioner’s lack of criminal antecedent and claim of enmity justify the grant of anticipatory bail.
- What conditions may be imposed under Section 438(2) of the Cr.P.C. when granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438(2) CrPC
- Mahua liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30599 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- Kharagpur District- Munger
======================================================
Chintu Manjhi @ Sintu Manjhi S/O Vilash Manjhi @ Ramvilash Manjhi R/O
Vill.- Muluktand, P.S.- Haveli Kharagpur, Dist.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Adv.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-05-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Kharagpur P.S. Case No. 66 of 2026 for the offence
registered under sections 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution story, the Police on secret
information and during patrolling, reached the place and there is
recovery/seizure of 9 liter country made Mahua liquor in front
of the house of the petitioner which led to the FIR.
4. Learned Counsel for the petitioner submits that he
do not have criminal antecedent and only because of enmity, the
locals have named him.
5. Learned APP for the State, on the other hand,
Patna High Court CR. MISC. No.30599 of 2026(2) dt.18-05-2026
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opposes the prayer for anticipatory bail submitting that it has
been recovered from outside the house.
6. Taking into account the aforesaid submissions as
also that he do not have criminal antecedent, in that background,
this Court is inclined to grant him the anticipatory bail with
conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Munger in connection with Kharagpur P.S. Case No.
66 of 2026 subject to condition as laid down under Section
438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) 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;
Patna High Court CR. MISC. No.30599 of 2026(2) dt.18-05-2026
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(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) 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;
(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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