Patna High Court
Naresh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions.
Summary
Naresh Manjhi applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 274 litres of illicit country-made liquor was recovered, including 88 litres from the rear of his house while he was absent. The petitioner asserted his innocence, a clean criminal record, and willingness to comply with any conditions. The State opposed bail but conceded that the liquor was recovered from an open place and the petitioner had no prior record. The Court, considering these facts, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 and imposing conditions including verification of his antecedent by the trial court. The order also stipulated that bail could be cancelled if the petitioner concealed any criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the BNSS, 2023 in a case of alleged possession of illicit liquor.
- Whether the recovery of liquor from an open place and the petitioner's clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal miscellaneous
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36478 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Naresh Manjhi S/o Chandar Manjhi @ Ramchandra Manjhi Resident of
village- Mushahari Tola (Koila Belwa), PS - Chakia, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard Learned Counsel for the petitioner and
Learned APP for the State.
3. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Chakia P.S. Case No. 601 of 2025, lodged on
03.12.2025, under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
4. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner.
Patna High Court CR. MISC. No.36478 of 2026(2) dt.04-06-2026
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Total recovery of 274 litres of country made liquor has been
made which is the subject matter of the present case.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that out of total 274 litres of country made liquor, 88
litres of country made liquor was recovered from the backside
of the house (Osara) of the petitioner, which is an open place.
He submits that at the time of recovery, he was not present in his
house. Counsel submits that the criminal antecedent of the
petitioner is clean. Counsel further submits that petitioner is
ready to fulfill all the conditions whatsoever shall be imposed
upon him.
6. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that as per the pleading
recovery has been made from an open place and antecedent of
the petitioner is clean.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
Patna High Court CR. MISC. No.36478 of 2026(2) dt.04-06-2026
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satisfaction of Exclusive Special Excise Court No.-03, East
Champaran, Motihar, in connection with Chakia P.S. Case No.
601/2025, subject to the conditions as laid down U/s 482(2) of
the BNSS, 2023.
8. And further condition that 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 antecedent, the Trial Court shall take step for
cancellation of bail bond 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.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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