Patna High Court
Manoj RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail subject to a bond, sureties and verification of antecedents, with the order to lapse if any other pending case is found.
Summary
Manoj Rajbanshi applied for pre‑arrest bail in a case (Sirdalla PS No. 446 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 210 litres of illicit liquor from an open bush. The petitioner claimed he was falsely implicated due to enmity and had no involvement in illicit liquor trade. The State opposed the bail. The High Court, noting the open nature of the seizure location and the State's failure to implement its liquor policy, directed that the petitioner be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the CrPC. The bail order will lapse automatically if any other pending case is discovered. The bail application was disposed of with the grant of bail.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the seizure (open bush) and alleged false implication justify bail.
- Whether the conditions under Section 482(2) of the Criminal Procedure Code apply to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
- bail bond
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8362 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Manoj Rajbanshi, aged about 35 years (Male), S/o Late Bindeshwari
Rajbanshi, Resident of Village- Pirauta, P.S.- Sirdalla, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Sheo Kumar Prasad, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sirdalla P.S. Case No. 446 of 2025 registered for the
offence punishable under Section 30 (a) of the Bihar Prohibition
and Excise Act as amended up-to-date.
3. Allegation is of recovery of 210 litres of illicit
liquor from a bush.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade of illicit liquor in any
manner. The name of the petitioner has been disclosed by
Patna High Court CR. MISC. No.8362 of 2026(2) dt.17-02-2026
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chaukidaar and co-villagers due to previous enmity. The
recovery was made from a bush, which is an open place and
easily accessible to anyone. On these grounds, petitioner seeks
to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 210 litres
of illicit liquor was made from a bush, which is an open place
and easily accessible to any one and also the fact that the State
has failed to implement its liquor policy in its true spirit, the
petitioner, above named, is directed to be released on pre-arrest
bail, in the event of his/her arrest or surrender before the learned
District Court 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
the learned District Court where the case is pending, in
connection with Sirdalla P.S. Case No. 446 of 2025, subject to
the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
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paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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