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Patna High Court

Chandeshwar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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