Patna High Court
Mohan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail is appropriate as the recovery does not prima facie demonstrate conscious possession and there is a procedural lapse in the search.
Summary
Mohan Manjhi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly manufacturing illicit liquor, with eight litres recovered from a tanker at his residence. He contended that the liquor was not in his conscious physical possession and that the search of his premises did not comply with Section 103(4) of the B.N.S.S. The State opposed his request for anticipatory bail. The Court observed that the recovery did not prima facie establish conscious possession and noted the procedural lapse in the search. Consequently, the Court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 and two sureties, and to surrender within four weeks, under the conditions of Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not shown to be in the accused's conscious possession
- Whether the failure to follow mandatory search procedures under Section 103(4) of the B.N.S.S. warrants bail
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- procedural lapse
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40092 of 2026
Arising Out of PS. Case No.-499 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Mohan Manjhi Son of Rudal Manjhi @ Late Rudal Manjhi Resident of
Village - Ward 34, Purani Ganaul (Gonouli), Police Station - Bettiah Muffasil,
District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra,Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR
and apprehending his arrest in connection with Bettiah
Muffasil P.S. Case No.499 of 2025 registered under Section
30(a) of the Bihar Prohibition and Excise Act, 2022
(Amendment).
3. Allegation against the petitioner is to engage
in illegal trade/manufacturing of illicit liquor, where there is
recovery of 8 liters of IMFL/country-made liquor from
tanker.
4. It is submitted by the learned counsel that
Patna High Court CR. MISC. No.40092 of 2026(2) dt.22-06-2026
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recovery was made from the House of the petitioner, which
is occupied by different adult family members of the family
and therefore, It is submitted that admittedly the recovery
of illicit liquor was not made from conscious physical
possession of the petitioner. Explaining criminal antecedent,
it is submitted that the petitioner found involved in one
more criminal case but of different nature, where he is on
bail. It is pointed out that compliance of mandatory
provisions of search qua premises was also not followed in
the present case in view of Section 103(4) of the B.N.S.S.
The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of
anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and
by taking of note of fact as recovery of illicit liquor prima
facie not appears to be made from conscious physical
possession of this petitioner, accordingly, the petitioner,
above-named, in the event of his arrest or surrender in the
court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.40092 of 2026(2) dt.22-06-2026
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Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
of Special Judge (Excise), 1st, Bettiah, West Champaran ,in
connection with Bettiah Muffasil P.S. Case No.499 of 2025,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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