Patna High Court
Dharmendra Manjhi @ Dharmendra Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, holding that the seizure did not establish possession and that he is a man of clean antecedent.
Summary
The petitioner, Dharmendra 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 Act, with 33.54 litres of liquor seized. He contended that the liquor was recovered from an open bush behind the co-accused's house, not from his conscious possession, and that the seizure list lacked independent witnesses, with his name appearing only on the co-accused's statement. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the seizure amounted to possession and considered the petitioner's clean antecedent. Finding that the recovery did not prima facie establish possession and noting the petitioner's clean record, the court granted anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under CrPC Section 438(2).
- Whether the seizure of illicit liquor constitutes possession by the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Non-Statutory Substitution (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- clean antecedent
- seizure
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44699 of 2026
Arising Out of PS. Case No.-300 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Dharmendra Manjhi @ Dharmendra Kumar Manjhi, Son of Narsingh Manjhi,
Resident of Village- Dhobwal, P.S.- Baniyapur, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 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 Baniyapur P.S.
Case No.300 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 33.54 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
the bush behind the house of co-accused, namely, Rabindra
Patna High Court CR. MISC. No.44699 of 2026(2) dt.06-07-2026
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Manjhi. Being an open place, it is accessible to the general
public and, therefore, it cannot be said that the alleged
recovery was made from the conscious possession of the
petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced solely on the
disclosure statement made by co-accused, namely, Rabindra
Manjhi. The 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 fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, 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
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.44699 of 2026(2) dt.06-07-2026
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learned Additional Sessions Judge-cum- Exclusive Special
Court Excise Act-I, Saran at Chapra in connection with
Baniyapur P.S. Case No.300 of 2026, 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.)
Raushan/-
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