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Patna High Court

Rohit Manjhi @ Rohit Kumar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.43427 of 2026(2) dt.03-07-2026
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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
                                                        3/3




                      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/-
U       T


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