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Patna High Court

Chandan ManjhiversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court granted anticipatory bail to Chandan Manjhi but rejected anticipatory bail for Ranjan Manjhi, directing the trial court to consider a surrender‑cum‑bail application if he surrenders within four weeks.

Summary

The petitioners, Chandan Manjhi and Ranjan Manjhi, sought anticipatory bail in connection with a 2021 case alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, wherein 55 litres of illicit liquor were seized. The FIR indicated that 12 litres were recovered from Chandan's residence and 14 litres from Ranjan's residence, but the petitioners contended that no liquor was found in their conscious possession and asserted their innocence. The State opposed bail, noting that while Chandan has a clean antecedent, Ranjan has a prior criminal case and is currently on bail. The High Court, applying Section 2(1)(d) of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023 and the conditions of Section 482(2) of the same Act, granted anticipatory bail to Chandan upon furnishing a Rs.30,000 bond, but declined anticipatory bail for Ranjan. However, the Court directed that if Ranjan surrenders within four weeks, the trial court should promptly decide his surrender‑cum‑bail application on its merits. The order thus results in a partial grant of anticipatory bail.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the Bihar Narcotic Substances Act, 2023 in view of the alleged possession of illicit liquor.
  • Whether the presence of a prior criminal antecedent for Ranjan Manjhi justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition law
  • criminal antecedent
  • bail bond
  • Bihar Prohibition and Excise Act
  • B.N.S.S. Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42421 of 2026
                       Arising Out of PS. Case No.-398 Year-2021 Thana- DHANARUA District- Patna
                 ======================================================
           1.     Chandan Manjhi S/o Jharkundal Manjhi R/o Mahamadpur Pabhera, P.S.-
                  Dhanarua, Distt.- Patna
           2.    Ranjan Manjhi S/o Bakhori Manjhi R/o vill- Mahamdpur Pabhera Bighapar,
                 P.s.- Dhanarua, Distt.- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jainendra Kumar Pushkar, Advocate
                                                  Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Dhanarua P.S. Case No. 398 of 2021 lodged on

                   15.11.2021, for the offence punishable under section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioners.

                   Total recovery of 55 litres of illicit liquor has been made, which

                   is the subject matter of the present case.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.42421 of 2026(2) dt.08-07-2026
                                            2/3




          Counsel submits that nothing has been recovered from the

          conscious possession of the petitioners. He submits that as per

          the FIR, 12 litres of liquor has been recovered from the house of

          petitioner no. 1 and 14 litres of liquor has been recovered from

          the house of petitioner no. 2. He further submits that the

          petitioner no. 1 has clean antecedent, whereas, the petitioner no.

          2 has one criminal antecedent in which, he is on bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that from the record, it

          transpires that the petitioner no. 1 has clean antecedent,

          whereas, the petitioner no. 2 has one criminal antecedent.

                       6. As such, in the present facts and circumstances of

          this case, let the petitioner no. 1 namely, Chandan Manjhi be

          released on bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of Special Excise Judge-II, Patna, in connection

          with Dhanarua P.S. Case No. 398 of 2021, subject to the

          conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

                       7. So far as petitioner no. 2 namely, Ranjan Manjhi is

          concerned, this Court is not inclined to grant bail to him.
             Patna High Court CR. MISC. No.42421 of 2026(2) dt.08-07-2026
                                                         3/3




                       Accordingly, the prayer for anticipatory bail of the petitioner no.

                       2 stands rejected.

                                    8. However, liberty is granted to the petitioner no. 2

                       that if he surrenders before the concerned Trial Court within a

                       period of 4 weeks from today then in that case, the Trial Court is

                       directed to pass order on his surrender-cum-bail application on

                       the same day, without being prejudice that the anticipatory bail

                       of the petitioner no. 2 has been rejected by this Court and the

                       Trial Court shall pass order on the merit of this case.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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