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Patna High Court

Dwarika ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                   (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/-

U      T


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