Patna High Court
Ajay ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, subject to specified conditions.
Summary
The petitioner, Ajay Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting and selling 36 litres of illicit liquor. He applied for anticipatory bail, asserting his innocence, a clean antecedent, and offering to donate Rs.20,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a mandatory donation of Rs.20,000 to the Ramakrishna Mission, regular attendance at the police station, and verification of his clean antecedent. The order emphasized that the observations were prima facie and would not affect the trial's merits. Consequently, the petitioner may be released on anticipatory bail if the stipulated conditions are fulfilled.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case.
- Whether the court may impose conditions such as a monetary donation, attendance at the police station, and verification of antecedent as part of anticipatory bail.
- Whether the petitioner's claim of innocence and clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable and Settlement (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38299 of 2026
Arising Out of PS. Case No.-619 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Ajay Manjhi S/o Ramratan Manjhi R/O Village - Basochak, P.S. - Warisliganj,
District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Nawada Excise P.S. Case No. 619 of 2025 registered for
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, the petitioner is
accused of being involved in the illegal transportation and sale
of liquor. 36 liters of illicit liquor was recovered from the
motorcycle in question.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner was not caught on the spot
and is only alleged to have escaped from the place of
Patna High Court CR. MISC. No.38299 of 2026(2) dt.17-06-2026
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occurrence. The petitioner claims to have a clean antecedent. It
is further submitted that the petitioner is willing to donate Rs.
20,000/- (Rupees Twenty Thousand Only) to a charitable
organization without admitting or accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Nawada Excise P.S. Case No.
619 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 20,000/- (Rupees Twenty
Thousand Only) in Ramakrishna Mission
Ashrama, Ramakrishna Avenue, Nala Road,
Patna, Bihar and produce the receipt of the
same before the Court below. The bail bonds
of the petitioner shall be accepted after
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verifying the genuineness of the receipt
produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance at Warisliganj Police
Station on every 1st and 3rd Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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