Patna High Court
Rohit Manjhi @ Rohit Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under the CrPC and BNSS.
Summary
The petitioner, Rohit Manjhi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 4.4 litres of liquor were recovered from a riverbank. He contended that the liquor was seized from a public place, that his name was listed only on the basis of a chowkidar’s statement, and that he had no physical possession or direct involvement, emphasizing his clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail, arguing that the seizure indicated a prima facie case. The court examined the factual submissions and noted the lack of evidence of conscious possession, finding the recovery insufficient to establish guilt. Consequently, 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 conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC given the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the recovery of illicit liquor establishes a prima facie case of possession and illegal manufacture.
- Whether the seizure list and the chowkidar’s statement constitute reliable evidence against the petitioner.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a) Bihar Prohibition Act
- clean antecedent
- bail bond
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43427 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- AMNAUR District- Saran
======================================================
Rohit Manjhi @ Rohit Kumar Manjhi Son of Saral Manjhi @ Bablu Manjhi
R/o Village - Dharhara Khurd, P.S.- Amnour, District - Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dheeraj Kumar, Advocate
For the Opposite Party : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Amnour P.S. Case
No.377 of 2025 registered under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 4.4 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged liquor was made
from a bank of river which is an open place easily accessible
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to general public. It is also submitted that the name of
petitioner arrayed solely on the disclosure made by the local
chowkidar. It is further submitted that petitioners was not
apprehended on the spot and also the petitioner is not in any
way connected with the alleged liquor, so it can be safely
said that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is also submitted
that the seizure list also appears doubtful being not
supported by independent witnesses rather than by police
personnel. 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 note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, 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
Patna High Court CR. MISC. No.43427 of 2026(2) dt.03-07-2026
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sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge Cum Exclusive Special
Court Excise Act-1, Saran at Chapra, in connection with
Amnour P.S. Case No.377 of 2025, 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.)
Aniket/-
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