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Patna High Court

Ramji ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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