Patna High Court
Bhola ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that, given the petitioner’s clean antecedent and absence of possession of the seized liquor, anticipatory bail should be granted subject to conditions under Section 438(2) Cr.P.C.
Summary
The petitioner, Bhola Manjhi, sought anticipatory bail fearing arrest in a case (PS Case No. 88 of 2026) alleging offences under Section 111 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed that liquor was recovered from a house belonging to a third‑person and from the area behind the petitioner’s house. The petitioner argued he had no criminal record and no liquor was found in his possession. The court noted the absence of antecedents and lack of direct possession, and therefore granted anticipatory bail with conditions prescribed under Section 438(2) of the Cr.P.C. The order required a bail bond, sureties, regular appearances before the trial court and police, and prohibited tampering with witnesses or committing further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged recovery of liquor behind his house.
- Whether the petitioner’s clean record and lack of possession of the seized liquor justify the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32232 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Bhola Manjhi Son of Late Sukan Manjhi Resident of Village- Piprahiya, P.S.-
Iusapur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Isuapur P.S. Case No. 88 of 2026 for the
offence under sections 111 of BNS 2023 and 30(a) of the Bihar
Prohibition and Excise Act lodged on 15.03.2026 by the
informant, Sampurnanand.
3. As per the prosecution story, the informant alleged
that on secret information, the Police reached the place and from
the house of Vikash Kumar, there is recovery of 20 liter liquor
and behind the house of the petitioner, 95 liter of country made
liqour was also recovered. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has no criminal record nor anything has been recovered from his
house but recovery behind his house has been attributed to him.
Patna High Court CR. MISC. No.32232 of 2026(2) dt.13-05-2026
2/3
5. Learned APP opposes the prayer submitting that the
recovery is behind the house of the petitioner.
6. Taking into account the submissions of the parties
as also that the petitioner do not have criminal antecedent nor
anything has been recovered from his conscious possession, in
that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned 3rd Exclusive Special Excise Judge,
Saran at Chapra, in connection with Isuapur P.S.Case No. 88 of
2026 subject to the conditions as laid down under Section
438(2) of the Cr.P.C.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her 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.32232 of 2026(2) dt.13-05-2026
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(iii) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(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 his bail bonds.
(Rajiv Roy, J)
Ravi/ S. Prasad
U T
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