Patna High Court
Ajay ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted as the liquor was not recovered from the petitioner’s possession and his prior cases being on bail do not bar bail.
Summary
The petitioner, Ajay Manjhi, sought anticipatory bail after a police raid recovered illicit liquor and an FIR was filed under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. The prosecution alleged that the liquor was recovered near the petitioner’s house and that he was identified from secret information, though he was not present at the scene. The petitioner argued that the seized liquor was not in his constructive possession and that his prior criminal cases were all on bail. The court examined whether the circumstances justified denial of anticipatory bail despite the prior antecedents. Considering that the liquor was not recovered from the petitioner’s premises and that his earlier cases were on bail, the court granted anticipatory bail with a bond of Rs.10,000 and specific conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the seized illicit liquor is not in the petitioner’s constructive possession.
- Whether prior criminal antecedents, similar to the present case, preclude the grant of anticipatory bail.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016, justify arrest without anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita are satisfied.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition Act
- Section 30
- prior criminal antecedent
- constructive possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33921 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- PANAPUR District- Saran
======================================================
Ajay Manjhi Son of Tilak Manjhi Resident of Village- Rasauli, P.S.- Panapur,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, 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 Panapur P.S. Case No.113 of 2026, F.I.R dated
10.04.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2016.
3. As per the prosecution case, on 10.04.2026, acting
on secret information, the police conducted raids at village
Sarangpur and recovered 5 liters of spirit from a tent house,
while Jai Prakash Sah was apprehended. It is further alleged that
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during another raid at village Rasauli, two persons fled away
leaving behind a bag containing 7.200 liters of English wine,
and they were identified as Mithilesh Manjhi and Ajay Manjhi,
leading to institution of the F.I.R.
4. Learned counsel for the petitioner submits that the
place of recovery is from a bush, near eastern side of the house
of the petitioner, which is an open place and accessible to all. It
has next been submitted that the name of the petitioner has
transpired on the basis of secret information and the petitioner
was not present at the place of occurrence and is in no way
connected with the seized articles. Lastly, it has been submitted
that the petitioner has two criminal antecedent akin to the instant
case but is on bail in all the said cases.
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 two
criminal antecedent akin to the instant case but is on bail in all
the said cases, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
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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 2nd Exclusive Special Excise Judge, Saran at Chapra, in
connection with Panapur P.S. Case No.113 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;
(iv) the petitioner(s) shall desist from committing any
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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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