Patna High Court
Kamali ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.