Patna High Court
Bhikhari ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioners, directing release on bail if arrested, subject to prescribed conditions.
Summary
The petitioners, Bhikhari Manjhi and Pramod Manjhi, were named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 10 litres of country-made liquor recovered from a bush near their house. They contended that the liquor was not in their conscious physical possession and that they have a clean antecedent. The State opposed their anticipatory bail application. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioners' conscious possession. Considering their clean antecedent, the court directed that they be released on bail if arrested or surrendered, subject to a bond of Rs.10,000 with two sureties each, under the conditions of Section 438(2) CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail can be granted when the alleged illicit liquor is not in the conscious physical possession of the accused.
- Whether the petitioners' clean antecedent warrants the grant of anticipatory bail under Section 438 CrPC.
- Whether the nature of the offence under Section 30(a) Bihar Prohibition and Excise Act precludes anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40121 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
1. Bhikhari Manjhi S/O Late Poshan Manjhi R/O Vill.- Majurahan, P.S.-
Raghunathpur, District- East Champaran
2. Pramod Manjhi S/O Late Poshan Manjhi R/O Vill.- Majurahan, P.S.-
Raghunathpur, District- East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ramakant Yadav,Advocate
For the Opposite Party/s : Mr.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR and
apprehending their arrest in connection with Raghunathpur P.S.
Case No. 83 of 2026 registered for the offence under Section
30(a) Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in illegal
trade/manufacturing of illicit liquor, where there is recovery of
10 liters of country-made liquor.
4. It is submitted by learned counsel that illicit liquor was
recovered from bush grown beside the House of these
petitioners, which is an open place and accessible by general
public, sufficiently suggesting that the recovery was not made
Patna High Court CR. MISC. No.40121 of 2026(2) dt.22-06-2026
2/2
from conscious physical possession of the petitioners.
Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of anticipatory bail of
the petitioners.
6. In view of aforesaid factual submissions and by taking
note of fact as recovery of alleged country-made liquor prima
facie not appears to be made from conscious physical
possession of these petitioners, accordingly, both above-named
petitioners, who are of clean antecedent, are directed to be
released on bail, in the event of their arrest or surrender in the
court below within a period of four weeks, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise Court No.-1, Motihari, District-
East Champaran in connection with Raghunathpur P.S. Case
No.83 of 2026, 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/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.