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Patna High Court

Tetru ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bail‑bond and surety conditions, under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Tetru Manjhi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 54.735 litres of illicit foreign liquor recovered from an e‑rickshaw he owned. He contended that he was not in control of the vehicle at the time of seizure, that the procedural requirements of Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) were not complied with, and that he has a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The court examined the facts, the statutory provisions, and the petitioner’s claim of lack of control over the vehicle. It held that anticipatory bail could be granted under Section 482(2) of the B.N.S.S., subject to bail‑bond and surety conditions, and ordered the bail to be enlarged if the petitioner is arrested within six weeks. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the procedural requirements of Section 105 of the B.N.S.S. were complied with in the investigation.
  • Whether ownership of the e‑rickshaw, without actual control at the time of seizure, suffices to attract criminal liability.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharitya Nagrik Suraksha Sanhita
  • illicit liquor
  • e‑rickshaw ownership
  • Section 105 procedural compliance
  • Section 482(2) criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34725 of 2026
                       Arising Out of PS. Case No.-23 Year-2026 Thana- PANJWARA District- Banka
                 ======================================================
                 Tetru Manjhi S/o Dhurkheli Manjhi Resident of Village- Maldhi Khatnai, PS-
                 Godda, Distt- Godda(Jharkhand)
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. A nil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   21-05-2026                  The matter has been taken up today through video

                   conferencing.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                               3. The Petitioner is apprehending his arrest in

                   connection with Panjwara P.S. Case No. 23 of 2026 registered

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                4. As per the prosecution case, total 54.735 litres of

                   illicit foreign liquor was recovered from an e-rickshaw.

                                5. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case merely on the ground of being the owner of the seized

                   vehicle from which the alleged liquor was recovered. It has

                   further been submitted that the petitioner was not arrested at the
              Patna High Court CR. MISC. No.34725 of 2026(2) dt.21-05-2026
                                                          2/2




                        spot. It has also been submitted that, at the time of seizure, the

                        e-rickshaw was not under the control of the petitioner, as the

                        petitioner had given the same to the driver for plying. It has also

                        been submitted that the procedure prescribed under Section 105

                        of the B.N.S.S. has not been followed. Lastly, it has been

                        submitted that the petitioner has got a clean criminal record.

                                     6. Learned A.P.P. for the State has vehemently

                        opposed the prayer for anticipatory bail of the petitioner.

                                     7. Heard the parties and perused the record.

                                     8. Considering the aforesaid facts and circumstances

                        of the case, let the above named petitioner, in the event of his

                        arrest/surrender within a period of six weeks from today, be

                        enlarged on anticipatory bail on furnishing bail-bonds of Rs.

                        10,000/- (Rupees ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned court concerned,

                        Banka, in connection with Panjwara P.S. Case No. 23 of 2026,

                        subject to the conditions as laid down under Section 482(2) of

                        the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                     9. This application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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