Patna High Court
Dwarika ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner.
Summary
The petitioner, Dwarika Manjhi, sought anticipatory bail fearing arrest in a case under sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Act relating to the seizure of 800 litres of jawa mahua. He claimed he was a labourer with no knowledge of the alleged offence and no prior criminal record. The prosecution alleged that the seizure was made from his house based on a secret tip. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined the merits. Finding no criminal antecedent and that the allegations did not conclusively establish an offence, the court granted anticipatory bail with stringent conditions. The order directs the petitioner to surrender within four weeks, furnish a bail bond, and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the facts alleged in the FIR constitute an offence under sections 30(a), (b) and (c) of the Act.
- Whether the petitioner’s lack of criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(b), 30(c), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 76(2)
- seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38792 of 2026
Arising Out of PS. Case No.-451 Year-2023 Thana- BELAGANJ District- Gaya
======================================================
Dwarika Manjhi S/O Jamun Manjhi R/O Village- Sripur, PS- Belaganj, Dist-
Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Belaganj P.S. Case No. 451 of 2023 for the
offence under sections 30(a), 30(b) and 30(c) of the Bihar
Prohibition and Excise Act lodged on 12.07.2023 by the
informant, Chandan Kumar Singh.
3. As per the prosecution story, the informant alleged
that the Police on secret information raided the place and there
is recovery/seizure of 800 liter jawa mahua. This led to the FIR.
4. Learned counsel for the petitioner submits that he is
a labour having no knowledge of the F.I.R./recovery, has no
criminal antecedent and this delayed his coming to the Court.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
Patna High Court CR. MISC. No.38792 of 2026(2) dt.17-06-2026
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application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
recovery/seizure is from house.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Court No.2,
Gaya in connection with Belaganj P.S. Case No. 451 of 2023
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
Patna High Court CR. MISC. No.38792 of 2026(2) dt.17-06-2026
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(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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