Patna High Court

Raju ManjhiversusThe State of Bihar

Decided: 8 July 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, three members of the Manjhi family, were implicated in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, for allegedly engaging in illegal liquor trade. An informant recovered 50 liters of country-made liquor from a motorcycle parked at petitioner No.1's doorstep and from inside his house, after which the accused fled the scene but were later identified. The petitioners applied for anticipatory bail, arguing that no incriminating material was found in their conscious possession and that they have clean antecedents. The State opposed the bail, emphasizing the large quantity of illicit liquor recovered from the petitioners' premises and their alleged involvement in the trade. The Court, noting the substantial seizure and the circumstances of the alleged offence, refused the prayer for anticipatory bail, thereby dismissing the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the provisions of the Bihar Prohibition and Excise Act, 2022 in view of the recovery of illicit liquor.

Legislation cited

Bihar Prohibition and Excise Act, 2022 — s. 30(a)

Subjects

anticipatory bail
illegal liquor trade
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43718 of 2026
                      Arising Out of PS. Case No.-109 Year-2026 Thana- PAROO District- Muzaffarpur
                 ======================================================
           1.     Raju Manjhi S/O Manak Manjhi R/O Village- Bhelaipur, P.S.- Paru, Dist.-
                  Muzaffarpur
           2.    Sohan Manjhi S/O Manak Manjhi R/O Village- Bhelaipur, P.S.- Paru, Dist.-
                 Muzaffarpur
           3.     Rajesh Manjhi S/O late Aklu Manjhi R/O Village- Bhelaipur, P.S.- Paru,
                  Dist.- Muzaffarpur
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vandana Kumari, Advocate
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

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

                   State.

                                2. Petitioners apprehend arrest in Paru (Paroo) P.S.

                   Case No. 109 of 2026, registered for the offence punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act 2022.

                                3. As per prosecution case, the informant received

                   information that the petitioners were engaged in the illegal

                   liquor trade and had loaded illicit alcohol onto a motorcycle.

                   Acting upon this information, the informant proceeded to the

                   scene and recovered 14 liters of country-made liquor from the

                   motorcycle, which was parked at the doorstep of petitioner No.

                   1, alongside an additional 36 liters of country-made liquor from
           Patna High Court CR. MISC. No.43718 of 2026(2) dt.08-07-2026
                                                       2/2




                     inside the house of petitioner No. 1, resulting in a total recovery

                     of 50 liters. Although the petitioners and other accused persons

                     managed to flee away, they were subsequently identified by the

                     local Chaukidar.

                                  4. Learned counsel for the petitioners submit that no

                     incriminating material has been recovered from conscious

                     possession of the petitioner. Petitioners have got no concern

                     with the alleged recovery and he has been made accused in this

                     case only on suspicion. Petitioners claim clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail and submits that these petitioners were involved in the

                     illegal business of liquor and were present at the house with

                     huge quantity of liquor and when police reached the house of

                     petitioner no. 1, all the accused persons including these

                     petitioners succeed in fleeing away from the spot.

                                  6. Considering the fact that there is the recovery of

                     huge quantity of illicit liquor from the house of petitioner no. 1

                     and motorcycle, prayer for anticipatory bail of the petitioners is

                     refused.



Alok/Sanjay-                               (Prabhat Kumar Singh, J)

U      T

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