Patna High Court
Pankaj Manjhi @ Pankaj HajaraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery did not prima facie establish his possession of the illicit liquor.
Summary
The petitioner, Pankaj Manjhi, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in the illegal trade of liquor, with 18.9 litres of illicit spirit recovered from a motorcycle. The petitioner contended that his name was listed solely based on a chowkidar's disclosure and that he neither owned nor had any connection with the motorcycle from which the liquor was seized, arguing that there was no conscious possession on his part. The Additional Public Prosecutor opposed the petitioner's request for anticipatory bail. The Court examined whether the recovery of liquor could be said to be in the petitioner's possession and considered the applicability of Section 438(2) of the CrPC and Section 482(2) of the BNSS. Concluding that the facts did not demonstrate possession, the Court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in the context of alleged illegal liquor possession.
- Whether the recovery of illicit liquor from a motorcycle not owned or controlled by the petitioner constitutes 'possession' for the purposes of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Non-Statutory Substitution (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40836 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Pankaj Manjhi @ Pankaj Hajara S/O Parma Manjhi @ Parma Hajra R/o -
Kahla, P.S - Barauli, District - Gopalganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Umesh Kumar Singh, Advocate
For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 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 Barauli P.S. Case
No.73 of 2025 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 18.9 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the basis of disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.40836 of 2026(2) dt.24-06-2026
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submitted that the recovery of illicit liquor was made from
motorcycle where petitioner is neither owner nor connected
in any manner with the alleged motorcycle. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. Explaining criminal
antecedent, it is submitted that the petitioner found involved
in three more criminal cases, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from 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 Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District and Sessions Judge
XIII cum Special Excise, Court No. I, Gopalganj, in
connection with Barauli P.S. Case No.73 of 2025, subject to
Patna High Court CR. MISC. No.40836 of 2026(2) dt.24-06-2026
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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
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