Patna High Court
Manoj ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond of Rs.30,000 and conditions prescribed under Section 482(2) of the BNSS, 2023.
Summary
Manoj Manjhi applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Maner P.S. Case No. 119 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 42.5 litres of country-made liquor was recovered from a relative’s house. The petitioner asserted his innocence, a clean criminal record, and willingness to comply with any conditions, while the State opposed bail but also noted his clean antecedent. The Court examined the facts, the petitioner’s distance from the recovery site, and the lack of prior offences, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023 and verification of the petitioner’s criminal antecedent by the trial court. The order also stipulated that any concealment of antecedent would lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the BNSS, 2023 in a case arising under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean criminal antecedent and the circumstances of the liquor recovery justify the grant of bail.
- What conditions, if any, should be imposed on the anticipatory 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
- Bihar Prohibition and Excise Act
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36493 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- MANER District- Patna
======================================================
Manoj Manjhi Son of Late Birju Manjhi @ Shambhu Manjhi @ Jok Manjhi
Resident of Village- Ajad Nagar, Sattar, Post- Sattar, P.S.- Maner, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshuman, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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 Maner P.S. Case No. 119 of 2026, lodged on
09.02.2026, under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
4. As per the prosecution, total recovery of 42.5 litres
of country made liquor has been made which is the subject
Patna High Court CR. MISC. No.36493 of 2026(2) dt.04-06-2026
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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 recovery has been made from the house of Surju
Manjhi. The house of the petitioner is 500 meter away from his
uncle’s 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 the 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
satisfaction of learned Special (Excise), Danapur, Patna, in
connection with Maner P.S. Case No. 119/2026, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall
Patna High Court CR. MISC. No.36493 of 2026(2) dt.04-06-2026
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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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