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Patna High Court

Chintu Manjhi @ Sintu ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  (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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