Patna High Court
Ranju ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that in the absence of material establishing conscious possession and given the procedural defect in the search, the petitioner is entitled to anticipatory bail.
Summary
The petitioner, Ranju 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, with 9 litres of liquor seized from his house. He contended that the liquor was not in his conscious and exclusive possession and that the search violated Section 103(4) of the Bihar Narcotic and Substance (BNSS) Act because no independent witness was present. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the prosecution had not produced material establishing the petitioner's possession and noted the procedural lapse in the search. Consequently, the court ordered the petitioner’s release on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS Act. The decision was based on the petitioner’s clean antecedent and lack of prima facie evidence linking him directly to the seized liquor.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged seizure of illicit liquor.
- Whether the seizure of the liquor complied with the procedural requirements of Section 103(4) of the BNSS Act.
- Whether there is sufficient evidence to establish the petitioner's conscious possession of the seized liquor.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- possession
- search and seizure
- clean antecedent
- Bihar Prohibition and Excise Act
- BNSS Act
- Section 30(a)
- Section 103(4)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44887 of 2026
Arising Out of PS. Case No.-209 Year-2026 Thana- BODHGAYA District- Gaya
======================================================
Ranju Manjhi, Son of Kali Manjhi, Resident of Village- Kachanpur, P.S.-
Bodhgaya, District- Gaya Ji
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 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 Bodh Gaya P.S.
Case No.209 of 2026 registered under Section 30(a) of the
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 re-
covery of 09 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 house of the petitioner. It is further submitted that no
Patna High Court CR. MISC. No.44887 of 2026(2) dt.08-07-2026
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recovery has been effected from the conscious and exclusive
possession of the petitioner, and there is no material on
record to establish his conscious possession of the alleged il-
licit liquor. It is argued that Section 103(4) of BNSS has not
been complied with qua search of premises, inasmuch as no
independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. It is also pointed out that the name of the peti-
tioner surfaced solely on the disclosure made by local people.
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 peti-
tioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or sur-
render 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.44887 of 2026(2) dt.08-07-2026
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sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court-I, Gayajee in connec-
tion with Bodh Gaya P.S. Case No.209 of 2026, subject to
the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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