Vicky Manjhi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Vicky Manjhi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within a period of six weeks, the petitioner is to be released on anticipatory bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise-II, Patna (printed as 'Specail Judge'), in connection with Digha P.S. Case No.672 of 2021, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Digha P.S. Case No.672 of 2021 registered for the offence under Sections 30(a), 30(b), 30(c), 32(iii) of the Bihar Prohibition and Excise Amendment Act, 2018.

Court's answer

The Court found itself inclined to grant the privilege of anticipatory bail to the petitioner in connection with Digha P.S. Case No.672 of 2021.

Ratio / Principle

The inclination to grant anticipatory bail rested on the facts that the petitioner was not apprehended on the spot, that no recovery was made from his conscious physical possession, and that he has no criminal antecedent (all expressly weighed by the Court in paragraph 18).

Detailed headnote1 paragraphs

Anticipatory bail allowed. The petitioner, named in Digha P.S. Case No.672 of 2021 (District Patna) registered for the offence under Sections 30(a), 30(b), 30(c), 32(iii) of the Bihar Prohibition and Excise Amendment Act, 2018 — the prosecution alleging recovery of 8 liters of countrymade liquor from his house — sought pre-arrest bail apprehending arrest; the learned APP opposed the application. Observing that the petitioner was not apprehended on the spot, that no recovery was made from his conscious physical possession, and that he has no criminal antecedent, the Court directed that, upon arrest or surrender before the Court below within six weeks, he be released on anticipatory bail on bail-bonds of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the Special Judge, Excise-II, Patna, subject to the conditions under Section 482(2), Bhartiya Nagarik Suraksha Sanhita. (Alok Kumar Sinha, J.; oral order dated 25-03-2026.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16992 of 2026

Arising Out of PS. Case No.-672 Year-2021 Thana- DIGHA District- Patna

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

Vicky Manjhi S/o Sadhu Manjhi R/O - Railway Line Mushari, P.S - Digha, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Adv For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 25-03-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner apprehends his arrest in connection with Digha P.S. Case No.672 of 2021 registered for the offence under Sections 30(a), 30(b), 30(c), 32(iii) of Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, there is recovery of 8 liters countrymade liquor from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Learned counsel for the petitioner further submits that the petitioner has not been apprehended on the spot and no recovery has been made from the conscious physical possession of the petitioner and the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.16992 of 2026(2) dt.25-03-2026 2/2

The learned APP opposes the anticipatory bail application.

Considering the fact that the petitioner has not been apprehended on the spot and no recovery has been made from the conscious physical possession of the petitioner and also given the fact that the petitioner has no criminal antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Specail Judge, Excise-II, Patna in connection with Digha P.S. Case No.672 of 2021, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

(Alok Kumar Sinha, J)

Prakash Narayan U T