Patna High Court
Ramji ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court grants anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, four residents of Sanghatpar village, were named in an FIR for alleged possession of 75 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was recovered from a hut unrelated to them and that they had no conscious physical possession. The State opposed their application for anticipatory bail. The High Court examined the prima facie evidence and found no indication of conscious possession, noting the petitioners' clean antecedents. Consequently, the Court ordered that, upon surrender within four weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether the FIR establishes a prima facie case of conscious possession of illicit liquor.
- Applicability of Section 30(a) of the Bihar Prohibition and Excise Act to the alleged offence.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are satisfied.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36598 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MASAUDHI District- Patna
======================================================
1. Ramji Manjhi S/O - Late Arjun Manjhi R/O Vill - Sanghatpar Mushhari, P.s
- Masaurhi, Dist- Patna
2. Amit Kumar @ Amit Manjhi Son of Late Akhilesh Manjhi R/O Vill -
Sanghatpar Mushhari, P.s - Masaurhi, Dist- Patna
3. Amarjit Paswan @ Jitu Paswan Son of Dhurvbhoj Paswan R/O Vill -
Sanghatpar Mushhari, P.s - Masaurhi, Dist- Patna
4. Pawan Kumar Son of Gurmoj Paswan @ Dhruvmoj Paswan R/O Vill -
Sanghatpar Mushhari, P.s - Masaurhi, Dist- Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha,Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Masaurhi P.S.
Case No. 114 of 2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition
and Excise Act.
3. The allegation against the petitioners is to have in
possession of 75 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.36598 of 2026(2) dt.08-06-2026
2/3
petitioners submitted that recovery was made from a hut of
the village which is not connected in any manner with these
petitioners. It is submitted that mere on the basis of
disclosure and suspicion raised by the co-villagers, these
petitioners were implicated with the present recovery of
illicit liquor, therefore, it can be safely said that recovery of
illicit liquor was not made from conscious physical
possession of this petitioners, who claimed to be the men of
clean antecedent.
5. Learned A.P.P. for the State has opposed the
prayer for anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions
and by taking note of the fact as recovery of illicit liquor
prima-facie not appears to be made from conscious physical
possession of this petitioners, who are men of clean
antecedent, accordingly, above-named petitioners, in the
event of their arrest/surrender within a period of four weeks
from this order, are directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction
of learned Special Judge Excise, Third, Patna, /concerned
Patna High Court CR. MISC. No.36598 of 2026(2) dt.08-06-2026
3/3
court in connection with Masaurhi P.S. Case No. 114 of
2026, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.