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Patna High Court

Kamali ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery of illicit liquor was not made from the petitioner's physical possession and the search did not satisfy Section 103(4) of the BNSS, warranting the grant of anticipatory bail.

Summary

The petitioner, Kamali Manjhi, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 14 litres recovered from a community hall belonging to Shakalu Manjhi. The petitioner contended that the seizure violated Section 103(4) of the BNSS because no independent witness was present and the information leading to his name came solely from a local watchman, with no liquor found in his possession. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that the liquor was not recovered from the petitioner's physical possession and the search procedure was infirm. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the seizure of illicit liquor complied with the procedural requirements of Section 103(4) of the BNSS.
  • Whether the petitioner’s name can be linked to the recovered liquor in the absence of physical possession.
  • Whether anticipatory bail should be granted under the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • search and seizure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103(4)
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41014 of 2026
                    Arising Out of PS. Case No.-60 Year-2026 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Kamali Manjhi, Son of Jagrup Manjhi, Resident of Village - Maheshpur, P.S.-
                 Piri Bazar, District - Lakhisarai.

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                        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 Piri Bazar P.S.

                   Case No.60 of 2026 registered under Section 30(a) of the

                   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 14 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the seized liquor was recovered from the

                   house (community hall) of Shakalu Manjhi. It is argued that
Patna High Court CR. MISC. No.41014 of 2026(2) dt.25-06-2026
                                            2/3




          compliance of Section 103(4) of BNSS qua search of

          premises has not been complied with, inasmuch as no

          independent witness was associated with the search and

          seizure list and the seizure witnesses were police personnel

          themselves. Also, the name of the petitioner surfaced solely

          on the basis of the disclosure made by the local chaukidar. It

          is submitted that nothing has been recovered from the

          conscious possession of the petitioner. 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 physical possession of this

          petitioner, accordingly, the petitioner, above-named, who is

          a man of clean antecedent, 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 the
            Patna High Court CR. MISC. No.41014 of 2026(2) dt.25-06-2026
                                                        3/3




                      learned Exclusive Special, Excise-I, Lakhisarai in connection

                      with Piri Bazar P.S. Case No.60 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.)
    Raushan/-

U       T


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