Patna High Court
Dharmendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail must be granted as the alleged liquor was not recovered from the petitioners' possession, making the case prima facie weak.
Summary
The petitioners, four individuals from Jalal Basant village, 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 a recovery of 15 litres of country-made liquor. They contended that the police had identified them solely based on information from local chowkidars and that none were caught in possession of the liquor at the time of recovery, asserting a clean antecedent. The State opposed their bail application. The court examined the factual submissions and noted that the alleged liquor was not found in the petitioners' physical possession, rendering the prima facie case weak. Consequently, the court ordered that the petitioners be released on bail, subject to a bond of Rs.10,000 with two sureties each, and conditioned on surrender within four weeks, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was directed to be complied with by the Special Court Excise, Saran.
Issues considered
- Whether bail should be granted to the accused under Section 438(2) of the CrPC in a case of alleged illicit liquor manufacture where no direct possession is established.
- Whether the FIR and recovery of liquor constitute sufficient grounds to deny bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- CrPC
- Section 438
- Section 482
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40191 of 2026
Arising Out of PS. Case No.-318 Year-2026 Thana- GARKHA District- Saran
======================================================
1. Dharmendra Manjhi Son of Yamuna Manjhi R/o of Village - Jalal Basant,
P.S - Garkha, District - Saran
2. Lalu Manjhi @ Lalu paswan Son of Harendra Manjhi R/o of Village - Jalal
Basant, P.S - Garkha, District - Saran
3. Surendra Manjhi Son of Late Kewal Manjhi R/o of Village - Jalal Basant,
P.S - Garkha, District - Saran
4. Subash Manjhi Son of Lal Bhagwan Manjhi R/o of Village - Jalal Basant,
P.S - Garkha, District - Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Garkha P.S.
Case No.318 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
Patna High Court CR. MISC. No.40191 of 2026(2) dt.23-06-2026
2/3
recovery of 15 liters of country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioners that the name of the petitioners were
disclosed by the local chowkidars of village. It is submitted
that none of the petitioners apprehended on the spot. It can
be safely said that recovery of alleged illicit liquor was not
made from the conscious possession of these petitioners. It
is submitted that these petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of alleged liquor prima
facie not appears to be made from physical possession of
petitioners, accordingly, above-named petitioners 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 Court of Exclusive Special
Court Excise 1st , Saran at Chapra in connection with Garkha
P.S. Case No.318 of 2026, subject to the conditions as laid
Patna High Court CR. MISC. No.40191 of 2026(2) dt.23-06-2026
3/3
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.