Patna High Court
Fagu Manjhi @ Umesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Fagu Manjhi, sought anticipatory bail after the police recovered illicit liquor from his jointly owned house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The prosecution alleged that the petitioner was dealing in illegal liquor, but the recovered liquor was not found in his constructive possession and he was not present at the time of seizure. The petitioner argued that the case was based solely on suspicion, he had no prior criminal record, and the premises were jointly possessed. The State opposed the bail, contending the seriousness of the offence. The court, noting the lack of direct possession, the petitioner’s clean antecedent, and the fact that the liquor was not recovered from his exclusive control, inclined to grant anticipatory bail. Accordingly, the court ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and specific conditions under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in a case of alleged illicit liquor possession.
- Whether mere suspicion and joint possession of the premises justify arrest and denial of bail.
- Whether the petitioner’s lack of criminal antecedent and absence of constructive possession warrant the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- Section 30(a)
- Bihar Prohibition and Excise
- Criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33909 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Panchanpur District- Gaya
======================================================
Fagu Manjhi @ Umesh Manjhi S/O Ramvrat Manjhi R/O Village- Belma,
P.S- Panchanpur, District- Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Panchanpur P.S. Case No.31 of 2026, F.I.R
dated 22.02.2026 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. As per the prosecution case, on 22.02.2026,
Santosh Kumar, A.S.I. of Police, Panchanpur P.S., submitted a
written statement before the Station House Officer alleging that
during patrolling duty, he received secret information that the
petitioner was illegally dealing in illicit liquor at his residence.
Patna High Court CR. MISC. No.33909 of 2026(2) dt.20-05-2026
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Acting upon the information, the informant along with police
personnel proceeded to the petitioner’s house for verification
and necessary action. Upon reaching there, no person was found
in the house. However, in the presence of witnesses, the house
was searched, leading to the recovery of 8 litres of mahua liquor
and 60 litres of jawa mahua. The jawa mahua was destroyed on
the spot, a seizure list was prepared, and the witnesses signed
the same.
4. Learned counsel for the petitioner submits that the
place of recovery is from a house, which is in joint possession
and merely on the basis of suspicion, the petitioner has been
implicated in the present case. It has further been submitted that
the petitioner has no criminal antecedent and was not present at
the place of occurrence and is in no way connected with the
seized articles.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has no
criminal antecedent, accordingly, this Court is inclined to grant
Patna High Court CR. MISC. No.33909 of 2026(2) dt.20-05-2026
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anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge Excise-2, Gaya Ji, in
connection with Panchanpur P.S. Case No.31 of 2026 subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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