Patna High Court
Santu Kumar @ Santu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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
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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
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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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