Patna High Court

Umesh ManjhiversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The High Court allowed the anticipatory bail application, subject to a monetary bond, sureties and conditions restricting future offences.

Summary

The petitioner, Umesh Manjhi, filed an anticipatory bail application fearing arrest in a case (Maner P.S. Case No. 912 of 2021) under Sections 30(a), 30(c), 32(iii), 34, 36 and 41 of the Bihar Prohibition and Excise Act, 2018, alleging that 5 litres of country‑made liquor were recovered from his house. The prosecution claimed the liquor was kept illegally and highlighted the petitioner’s two prior similar offences. The petitioner argued that the seized liquor was in joint possession and that the seizure list was prepared by police, questioning the procedural compliance of Section 105 of the BNSS. The State opposed bail. After hearing both sides, the Court granted anticipatory bail, imposing a bond of Rs.10,000 with two sureties and conditioning the bail on the petitioner not committing similar offences and complying with Section 482(2) of the BNSS. The bail application was allowed.

Issues considered

Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act for alleged possession of illegal liquor.
Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Whether conditions under Section 482(2) of the BNSS may be imposed on anticipatory bail.

Legislation cited

BNSS — s. 105, 482(2)

Subjects

anticipatory bail
illegal liquor
Bihar Prohibition and Excise Act
criminal antecedent
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3185 of 2026
                         Arising Out of PS. Case No.-912 Year-2021 Thana- MANER District- Patna
                 ======================================================
                 Umesh Manjhi Son of Lal Babu Manjhi Resident of Village- Chhitnawan,
                 Mushari, P.S.- Maner, District- Patna                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Maner P.S. Case No. 912 of 2021 instituted for the offence under

                   Sections 30(a)/30(c)/32(iii)/34/36 & 41 of the Bihar Prohibition

                   and Excise Act-2018.

                                3. The case of the prosecution, in short, is that police

                   had input that certain persons have kept illegal liquor. On this

                   input, house of many persons were searched. It is alleged that

                   from the house of this petitioner altogether 5 liter of country

                   made liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the house from where the recovery

                   of 5 liter country made liquor has been made is in joint

                   possession. It has further been submitted that witnesses of the

                   seizure list are police personnel and police has not complied
            Patna High Court CR. MISC. No.3185 of 2026(2) dt.09-02-2026
                                                        2/2




                      Section 105 of the BNSS. It has further been submitted that the

                      petitioner is having criminal antecedent of two cases of similar

                      nature.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall not indulge in similar nature of offences in

                      future. The petitioner is directed to surrender in the Court below

                      within a period of four weeks from today and in the event of his

                      arrest or surrender in connection with Maner P.S. Case no. 912 of

                      2021, he will be enlarged on bail on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of learned Special Excise Judge,

                      Danapur, Patna, subject to the conditions as laid down under

                      Section 482(2) of the BNSS.

                                   7. Accordingly, the present bail application stands

                      allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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