Patna High Court
Rajesh Kumar Manjhi @ Rakesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- B.N.S.S., 2023 — s. 482(2)
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
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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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