Patna High Court
Pradeep ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioners Pradeep Manjhi and Anil Manjhi sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 40 litres of illicit liquor was recovered from an open place. The prosecution had no incriminating material seized from the petitioners or their premises; their names were linked only through confessional statements of co‑villagers. The petitioners asserted a clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the absence of material evidence, and the petitioners' clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks they may be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in the absence of material evidence against the petitioners.
- Whether confessional statements of co‑villagers are sufficient to justify denial of bail.
- Whether the petitioners' clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43614 of 2026
Arising Out of PS. Case No.-198 Year-2026 Thana- WARISLIGANJ District- Nawada
======================================================
1. Pradeep Manjhi Son of Doru Manjhi R/o Village- Jaintnagar, Musahari
Kochgawan, P.S.- Warsaliganj @ Warisaliganj, District- Nawada.
2. Anil Manjhi Son of Jhapsi Manjhi R/o Village- Naya Nagar, Musahari
Kochagawan, P.S.- Warsaliganj @ Warisliganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 40 liters illicit liquor
was recovered from an open place.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession or from the premises of petitioner. The names of the
petitioners have been implicated merely on confessional
statement of co-villagers which is accessible for everyone.
Patna High Court CR. MISC. No.43614 of 2026(2) dt.07-07-2026
2/2
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the nature of accusation, place of
recovery and clean antecedent of the case, this anticipatory bail
is allowed and it is ordered that let the above named petitioners
in the event of his arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special, Court Excise-II, Nawada in
connection with Warisliganj P. S. Case No. 198 of 2026, subject
to condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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