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Patna High Court

Santu Kumar @ Santu ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioners were not present at the occurrence, had a clean antecedent, and the allegations rested only on co‑accused statements.

Summary

The petitioners, Santu Kumar and Pappu Manjhi, were implicated in a case of illegal country-made liquor seized from an E‑Rickshaw, based solely on the statements of two co‑accused who named them as intended recipients. They were not present at the scene of the seizure and claimed a clean criminal antecedent. The State opposed their anticipatory bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The High Court examined whether the allegations, founded only on co‑accused statements, justified denial of bail. Finding no direct involvement, a clean antecedent, and no possession by the petitioners, the Court granted anticipatory bail subject to bond and surety conditions and a verification clause under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the accused are not present at the scene and are implicated solely by co‑accused statements.
  • Whether the clean antecedent and lack of possession justify bail under Section 482(2) of the B.N.S.S.
  • Whether the statements of the arrested persons are sufficient grounds for arrest under the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • section 30(a)
  • section 482(2)
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35696 of 2026
                    Arising Out of PS. Case No.-153 Year-2026 Thana- NEMDARGANJ District- Nawada
                 ======================================================
           1.     Santu Kumar @ Santu Manjhi S/o Uday Manjhi R/o Village - Bela, P.S. -
                  Namdarganj, Dist. - Nawada.
           2.    Pappu Manjhi S/o Devendra Manjhi R/o Village - Bela, P.S. - Namdarganj,
                 Dist. - Nawada.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shankar Kumar, Advocate
                 For the Opposite Party/s :      Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-05-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Nemdarganj P.S. Case No. 153 of 2026, for allegedly

                   having committed offence under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                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 while he was on patrolling duty along with the

                   police party on 11.04.2026 at 05:30 hours, he got a secret

                   information that two persons are carrying illegal liquor in a blue

                   coloured E-Rickshaw and are coming from Jalalpur towards
Patna High Court CR. MISC. No.35696 of 2026(2) dt.25-05-2026
                                            2/4




          Derma. After giving information to his superior officials and to

          verify the authenticity of the said information, the informant

          reached the place of occurrence and saw that two persons are

          coming in a blue coloured E-Rickshaw, which was apprehended.

          Upon search made of the said E-Rickshaw, total 320 litres of

          country made liquor was recovered and two persons were

          arrested. The said two arrested persons disclosed the names of

          the petitioners herein as the persons to whom the delivery was

          to be made.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have not committed any

          offence. He further submits that the names of the petitioners

          transpired in the present case only on suspicion and the

          statement given by the two persons, who were apprehended

          along with the seized liquor. He further submits that since the

          petitioners were not present at the place of occurrence, there is

          no question of any recovery from their possession and further

          the petitioners have got a clean antecedent.

                       5. Per Contra, the learned A.P.P. for the State opposes

          the prayer for grant of anticipatory bail to the petitioners and

          submits that altogether 320 litres of country made liquor was

          recovered from an E-Rickshaw and the persons, who were
Patna High Court CR. MISC. No.35696 of 2026(2) dt.25-05-2026
                                            3/4




          apprehended, have disclosed the names of the petitioners, to

          whom the alleged country made liquor was to be delivered.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that the

          petitioners were not present at the place of occurrence and 320

          litres of country made liquor was seized from an E-Rickshaw

          and two persons were apprehended. On the disclosure made by

          the arrested persons, the names of the petitioners transpired in

          the present case and the petitioners have got a clean antecedent.

                       7. Taking into consideration the facts aforesaid, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Exclusive Special Excise Court No.-1, Nawada in

          connection with Nemdarganj P.S. Case No.153 of 2026, subject

          to the conditions laid down under Section 482(2) of the B.N.S.S.

          with a further condition that:-

                       The learned court concerned shall verify the criminal

          antecedent of the petitioners and in case at any stage it is found

          that the petitioners have concealed their criminal antecedent, the

          court concerned shall take steps for cancellation of bail bonds of
               Patna High Court CR. MISC. No.35696 of 2026(2) dt.25-05-2026
                                                           4/4




                         the petitioners. 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.)

Sanjay/-

U          T


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