Jaikaran Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Jaikaran Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No.3, East Champaran, in connection with Ramgarhwa P.S. Case No. 52 of 2025, subject to Section 438(2) Cr.P.C. conditions; contingent on District Court verification of criminal antecedents consistent with Para-3 of the bail petition, failing which the order lapses. Application stands disposed of.

Issue for consideration

Whether petitioner Jaikaran Manjhi, implicated in Ramgarhwa P.S. Case No. 52 of 2025 (offence punishable under Sections 30(a) and 41, Bihar Prohibition and Excise Act), should be granted pre-arrest bail.

Court's answer

Finding the nature of the allegation against the petitioner to be general and omnibus, the court directed his release on pre-arrest bail in the event of arrest or surrender before the Court below within four weeks, on a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No.3, East Champaran, in connection with Ramgarhwa P.S. Case No. 52 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Operative condition on the grant: the District Court was directed to verify the petitioner's criminal antecedents, and if the petitioner is found involved in other cases inconsistent with what was stated in Para-3 of the bail petition, this bail order will automatically lose its force.

Key takeaways

Passing remark: the court observed complete failure of prohibition in the State of Bihar, recurring hooch tragedies from sale and consumption of illicit liquor, and that State officials of different departments appear to have facilitated smuggling and trade of illicit liquor inside Bihar.obiter¶¶20

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J, oral order dated 18-06-2025) grants pre-arrest bail to Jaikaran Manjhi, accused in Ramgarhwa P.S. Case No. 52 of 2025, East Champaran, registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, upon allegation of recovery of 81 litres of country-made liquor from a sack on motorcycle BR05AA1009. The allegations being general and omnibus, bail was granted on surrender/arrest within four weeks, bond of Rs. 10,000 with two like sureties before Exclusive Special Excise Court No.3, East Champaran, subject to Section 438(2) Cr.P.C. conditions; the District Court is to verify criminal antecedents, failing which the order automatically loses force. Obiter: the court lamented complete failure of prohibition in Bihar and apparent facilitation of illicit liquor smuggling by State officials amid recurring hooch tragedies.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36830 of 2025

Arising Out of PS. Case No.-52 Year-2025 Thana- RAMGARHWA District- East Champaran

======================================================

Jaikaran Manjhi S/o Sukat Manjhi Resident of village- Triveni, P.S.Ramgarshwa, Distt. - East Champaran

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate. For the Opposite Party/s : Mr.Pushpa Sinha.1, APP. ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 18-06-2025

Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Ramgarhwa P.S. Case No. 52 of 2025 registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 81 litres of country made liquor from a sack kept on the motorcycle bearing Registration No. BR05AA1009.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. He has no concern either with the seized liquor or trade of liquor in any manner. The

Patna High Court CR. MISC. No.36830 of 2025(2) dt.18-06-2025 2/3

motorcycle from which liquor was recovered was not being driven by the petitioner. The petitioner has clean antecedent.

Learned APP for the State has vehemently opposed

the prayer for grant of pre-arrest bail to the petitioner.

There is complete failure of prohibition in the State of Bihar and due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar.

Considering the nature of allegation made against the petitioner to be general and omnibus, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, East Champaran in connection with Ramgarhwa P.S. Case No. 52 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.36830 of 2025(2) dt.18-06-2025 3/3

3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

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