Patna High Court
Chandan ManjhiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
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
- Bihar Narcotic Substances (B.N.S.S.) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.