Patna High Court
Chandeshwar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail must be granted as the petitioner was not present at the place of occurrence, no incriminating article was recovered from him, and he has a clean antecedent, subject to bond and conditions.
Summary
The petitioner, Chandeshwar Manjhi, was implicated in a case (Jaitpur PS Case No. 92 of 2025) for alleged manufacturing and sale of illicit country-made liquor under sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition & Excise Act. A police raid recovered liquor from co‑accused premises but none from the petitioner’s house, and the petitioner was not present at the scene. He pleaded innocence, citing a clean criminal record and lack of any incriminating article in his possession. The State opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, and imposed a condition for verification of his antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the Bihar Narcotic Substances Act and Bihar Prohibition & Excise Act.
- Whether the absence of incriminating material in the petitioner’s possession and his clean antecedent justify bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition & Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- illicit liquor
- excise offences
- criminal antecedent
- section 438 CrPC
- section 482 BNS Sanhita
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35570 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Chandeshwar Manjhi S/o Sam Nath Manjhi R/o Till, Beahata, Berua, District-
Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghvendra Kumar, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Jaitpur P.S. Case No. 92 of 2025 registered for the offences
punishable under sections 274, 275, 3(5) of the B.N.S. and
section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 11.06.2025 at about 05.30 P.M., when the
informant along with police party reached near Kargil Chowk,
the informant received confidential information that all the FIR
named accused person including the petitioner, were engaged in
manufacturing and selling country made liquor from their
respective houses. The informant along with police party
Patna High Court CR. MISC. No.35570 of 2026(2) dt.21-05-2026
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proceeded to verify the authenticity of the information and
conducted raid at the houses of the accused persons. During
course of the raid, 05 litres of illicit country made liquor was
recovered from the house of the petitioner and 10 litres of
country made liquor was recovered from other co-accused
persons named in the F.I.R., thus, total 15 litres of country made
liquor was recovered.
4. The learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. He
has been made accused in this case due to some mala fide
intention. No incriminating article has been recovered from the
conscious possession of the petitioner. The petitioner was not
apprehended at the place of occurrence. He further submits that
petitioner has got a clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that the petitioner
was not present at the place of occurrence. No incriminating
article has been recovered from the conscious possession of the
petitioner and the petitioner has got a clean antecedent.
Considering the same, let the above named petitioner, in the
Patna High Court CR. MISC. No.35570 of 2026(2) dt.21-05-2026
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event of arrest/surrender within a period of six weeks, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise II,
Muzaffarpur in connection with Jaitpur P.S. Case No. 92 of
2025, subject to conditions as laid down under Section 438(2) of
the Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedents, the court
concerned shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J)
vinita/-
U T
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