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Patna High Court

Rajesh Kumar Manjhi @ Rakesh ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioner, Rajesh Kumar Manjhi, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 14 litres of illicit country-made wine was recovered from a bamboo clump near his house. He contended that the liquor was not in his possession or on his premises, and that his name was implicated solely on the basis of a local chowkidar’s disclosure. The court examined the fact that the recovery occurred in an open, publicly accessible area rather than within the petitioner’s control. Considering these facts, the court found no sufficient basis to deny anticipatory bail. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S. 2023 within four weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted when illicit liquor is recovered from an open space near the accused’s residence and not from his possession.
  • Whether the disclosure by a local chowkidar suffices to implicate the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition Act
  • bail bond
  • open space recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8029 of 2026
                        Arising Out of PS. Case No.-378 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Rajesh Kumar Manjhi @ Rakesh Manjhi S/O Asarfi Manjhi R/O Vill.-
                 Amnour Aguaan, P.S.- Amnour, Dist.- Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok
                 For the Opposite Party/s :       Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Amnour P.S. Case No.                 378 / 2025           dated 22.12.2025

                   registered under Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                       3. As per the first information report a total quantity of 14

                   liters of illicit country made wine has been recovered from a

                   bamboo clump near the house of the petitioner.

                       4. Learned counsel for the petitioner submits that petitioner is

                   innocent and has falsely been implicated in this case inasmuch

                   as he has not committed any offence in the manner alleged. The

                   name of the petitioner has transpired in this case on the basis of

                   disclosure made by the local Chowkidar. Illicit liquor has not

                   been recovered from the conscious possession and / or premises
               Patna High Court CR. MISC. No.8029 of 2026(2) dt.17-02-2026
                                                           2/2




                         belonging to the petitioner rather the same has been recovered

                         from a bamboo clump situated near the house of the petitioner

                         which is an open space accessible to all and sundry.

                             5. Regard being had to the submission made by the parties,

                         taking into consideration the fact that recovery of illicit country

                         made wine has been made from an open space easily accessible

                         to everyone and not from inside the house of the petitioner,

                         accordingly, I am inclined to grant anticipatory bail to the

                         petitioner.

                             6. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         Additional Sessions Judge-cum- Exclusive Special Excise Court

                         No. 1, Saran at Chapra in connection with Amnour P.S. Case

                         No. 378 / 2025 subject to the condition as laid down under

                         Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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