Patna High Court
Nirmal Kr Manjhi @ Nirmal Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond of ₹30,000 and conditions prescribed under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Nirmal Kumar Manjhi, was implicated in a case (Chandan P.S. Case No. 160 of 2023) for alleged possession of 5.76 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case is based on the recovery of the liquor from a vehicle registered in the petitioner’s name, although he claims to have sold the vehicle to Kapildeo Das without formal transfer of ownership in records. The petitioner asserted his innocence, a clean criminal record, and that he had no control over the vehicle at the time of the alleged offence. The State opposed bail, but the court considered the circumstances, including the lack of direct possession and the petitioner’s clean antecedents. The court granted bail, requiring a bond of ₹30,000 and compliance with conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the mere registration of a vehicle in the petitioner’s name suffices to establish a prima facie case for possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether bail should be granted in view of the petitioner’s clean antecedents and the circumstances of alleged ownership transfer.
- Applicability of bail provisions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- vehicle ownership
- prohibition act
- Section 30(a)
- Section 2(1)(d)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36183 of 2026
Arising Out of PS. Case No.-160 Year-2023 Thana- CHANDAN District- Banka
======================================================
Nirmal Kr Manjhi @ Nirmal Kumar Manjhi S/o Late Bhubneshwar Manjhi
R/o vill - Kumaitha, P.S.- Jasidih, Distt.- Deoghat, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned Counsel for the petitioner and
learned APP for the State.
3. The petitioner is apprehending arrest in connection
with Chandan P.S. Case No.- 160 of 2023 registered on
01.10.2023 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
4. As per prosecution, total recovery of 05.76 litres of
illicit foreign liquor, is the subject matter of the present case.
5. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The petitioner has a clean criminal antecedent.
Moreover, the alleged recovery has not been made from the
possession of the petitioner rather, his implication in the present
Patna High Court CR. MISC. No.36183 of 2026(2) dt.02-06-2026
2/2
case is solely on the ground that the alleged recovery was
effected from a vehicle registered in his name. Learned counsel
further submits that although the vehicle in question continues
to stand in the name of the petitioner, he had already sold the
said vehicle to one Kapildeo Das, however, the ownership could
not be formally transferred in the official records.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
7. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Learned Exclusive
Special Court, Excise-I, Banka, in connection with Chandan
P.S. Case No.- 160 of 2023, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
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