Patna High Court
Anant ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Anant Manjhi was arrested on 14 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after 16.400 litres of country‑made liquor were seized from behind his house. The petitioner argued that the liquor was not in his conscious possession and that the police had not complied with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting that the petitioner had four other pending cases, though he was already on bail in those matters. The Court examined the facts, found no substantive reason to deny bail, and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Excise Judge, Saran at Chapra.
Issues considered
- Whether bail should be granted when the alleged contraband was not found in the accused's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether the existence of other pending cases, albeit with bail already granted, affects the bail application in the present case.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- non‑possession
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38823 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- Gaura P.S. District- Saran
======================================================
Anant Manjhi S/o Late Leda Manjhi R/o Village - Gaura Paswan Toli, P.S. -
Gaura, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr.Nawal Kishore Singh,learned counsel for
the petitioner and Mr.Binod Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
14.03.2026 in connection with Gaura P.S. Case No. 82 of 2026,
F.I.R. dated 12.03.2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 16.400 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from behind the
house of the petitioner and as per allegation in the FIR, the
petitioner has fled away from the place of occurrence and
Patna High Court CR. MISC. No.38823 of 2026(2) dt.22-06-2026
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altogether 16.400 liters of country made liquor was recovered
from the place of occurrence and the seizure list witnesses are
Bihar Home Guard personnel, so there is non-compliance of the
Sections 103 and 105 of BNSS, 2023 and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 14.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
four more cases other than the present one but he fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned 2nd Exclusive Special Excise
Judge, Saran at Chapra in connection with Gaura P.S. Case No.
82 of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.38823 of 2026(2) dt.22-06-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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