Bikau Manjhee @ Bikash Manjhee @ Vikash ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36295 of 2026
                 Arising Out of PS. Case No.-132 Year-2026 Thana- MADHUBAN District- East Champaran
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           1.     Bikau Manjhee @ Bikash Manjhee @ Vikash Manjhi S/o Akaldeo Manjhi
                 Resident of Village-Vishunpur Tara, P.S.- Madhuban, District - East
                 Champaran at Motihari
           2.    Prasad Manjhi S/o Jay Govind Manjhi Resident of Village - Bishunpur Tara,
                 P.S.- Madhuban, District - East Champaran at Motihari

                                                                                ... ... Petitioner/s

                                                      Versus
                 The State of Bihar

                                                                           ... ... Opposite Party/s

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                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Ranjan, Adv.
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP

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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   03-06-2026                     Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Madhuban P.S. Case No.132 of 2026 registered for the

                   offences punishable under Sections 30(a), 30(c), 30(d) and 41(1)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Acting upon a tip-off regarding the manufacture

                   and storage of illicit liquor, the police conducted a raid in the

                   vicinity of the house of Petitioner No. 1. Upon noticing the

                   arrival of the police party, 6–7 persons who had assembled there
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          attempted to flee from the spot. Out of them, one male and a

          female accused were apprehended, while the others managed to

          escape. The local Chowkidar disclosed the names of the

          absconding persons, which allegedly included the names of the

          present petitioners. During the search, the police recovered

          approximately 94 litres of country-made Chulahi liquor, along

          with utensils and a gas cylinder allegedly used in the

          manufacture of illicit liquor

                       4. Learned Advocate for the petitioners, taking this

          Court through the FIR, contended that admittedly the entire

          recovery has been made beside the house of petitioner no.1,

          which is an open place and easily accessible to all, for which he

          cannot be responsible. The disclosure of the name of the

          petitioners by the local Chowkidar also appears to be doubtful.

          Since no recovery has been made from the conscious or

          constructive possession of the petitioners, in any circumstances,

          the rigors provided under Section 76(2) of the Bihar Prohibition

          and Excise Act, 2016 (for short ‘the Act, 2016’) would not be

          applicable. There is complete defiance of Sections 103 and 105

          of the BNSS. The name of petitioner no.1 has been implicated

          in this case merely because of his past two criminal antecedents

          of identical nature. So far petitioner no.1 is concerned, he got
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          fair antecedent.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          recovery of huge quantity of illicit wine along with utensils used

          for manufacturing of illicit wine clearly suggests the

          involvement of the petitioners, besides there is an express bar to

          maintain anticipatory bail.

                       6. Having considered the submissions set forth by the

          learned Advocate for the respective parties and taking note of

          the fact that the recovery of illicit wine has been made from an

          open place which is easily accessible to all, coupled with the

          lack of ingredients which attracts the rigors provided under

          Section 76(2) of the Act, 2016 as also the non-compliance of

          Sections 103 and 105 of the BNSS, let the above named

          petitioners, be released on bail, in the event of their arrest or

          surrender before the learned Court below within a period of four

          weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court No.3,

          East Champaran at Motihari in connection with Madhuban P.S.

          Case No.132 of 2026, subject to the condition as laid down

          under Section 482(2) of the BNSS, with further condition that
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                        one of the bailors shall be the own/close family members of the

                        petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T