Patna High Court
CR. MISC./58734/2026 of Raj Kumar Manjhi Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58734 of 2026 Arising Out of PS. Case No.-461 Year-2026 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Raj Kumar Manjhi Son of Late Yogi Manjhi Resident of Village- Sirkahiya, Ward No. 13,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58734 of 2026
Arising Out of PS. Case No.-461 Year-2026 Thana- MAJHAULIA District- West Champaran ======================================================
1.
Raj Kumar Manjhi Son of Late Yogi Manjhi Resident of Village- Sirkahiya, Ward No. 13, P.S.- Majhauliya, District- West Champaran.
2.
Sukat Manjhi Son of Late Yogi Manjhi Resident of Village- Sirkahiya, Ward No. 13, P.S.- Majhauliya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s :
Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
19-08-2026 Heard learned Advocate for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Majhauliya (Majhaulia) P.S. Case No.461 of 2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip off regarding storage and sell of illicit wine, the police conducted raid in the house of the petitioners and in course of search recovered 8 litres of country made liquor, besides 100 litres raw pass, which have been destroyed.
4. Learned Advocate for the petitioners referring to Patna High Court CR. MISC. No.58734 of 2026(2) dt.19-08-2026
the FIR primarily contended that the entire prosecution case smacks malafide for the simple reason that had such recovery been made from the house of the petitioner, there would have been signature of the family members of the petitioners, but the witnesses are none as but the police personnel and as such there is complete defiance of Section 103(4) of the BNSS. Even if the allegation is taken to be true for the sake of argument, the house is a joint family property where several persons reside and for that the petitioners cannot be made sole responsible. The fair antecedent of the petitioners also suggest that they had never been found engaged in such activities. In the aforesaid premise, he thus submitted that the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act is not attracted in the case at hand.
5. On the other hand, learned Advocate for the State vehemently oppose the bail application and submits that recovery of country made liquor from the house of the petitioners clearly bars the anticipatory bail and the petitioners were the persons, who were identified while fleeing away from the house.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note Patna High Court CR. MISC. No.58734 of 2026(2) dt.19-08-2026
of the infirmities in conducting the search and seizure, besides the witnesses are none as, but the police personnel inasmuch as, there is nothing on record which suggests that the house in question was in exclusive possession of the petitioners, thus lacking rigors to maintain anticipatory bail and above all the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Bettiah, West Champaran in connection with Majhauliya (Majhaulia) P.S. Case No.461 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
Utkarsh.k/- (Harish Kumar, J) U T