Raj Kumar Manjhi @ Raj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Raj Kumar Manjhi @ Raj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner is to be released on bail, in the event of his arrest or surrender within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court of Exclusive Special Excise Court No.3, I/c Civil Court, East Champaran at Motihari, in connection with Patahi P.S. Case No.107 of 2026, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Patahi P.S. Case No.107 of 2026 (registered under BNS 2023 and Bihar Prohibition and Excise Amendment Act, 2022 provisions), should be granted anticipatory bail. +1 more

Court's answer

Accordingly, the petitioner was directed to be released on bail, in the event of his arrest or surrender in the court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court of Exclusive Special Excise Court No.3, I/c Civil Court, East Champaran at Motihari, in connection with Patahi P.S. Case No.107 of 2026.

Ratio / Principle

Taking note of the factual submissions, the Court recorded that the recovery of illicit liquor prima facie did not appear to have been made from the physical possession of the petitioner.

Key takeaways

The release was made subject to the conditions laid down under Section 438(2) of the CrPC / under Section 482(2) of the BNSS.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail – granted. Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.47817 of 2026, order dated 10-07-2026: petitioner Raj Kumar Manjhi @ Raj Kumar, named in the FIR in Patahi P.S. Case No.107 of 2026 (District East Champaran) registered under Sections 221, 132, 324(4), 352, 190, 191, 45 of the BNS, 2023 and Sections 30(a), 30(b), 30(c) and 41 of the Bihar Prohibition and Excise Amendment Act, 2022, sought pre-arrest bail alleging illegal trade/manufacture of illicit liquor with recovery of 50 liters of IMFL/country-made liquor; counsel urged the recovery was from co-accused arrested on the spot and the implication stemmed from village politics, the petitioner being on bail in one similar case. Noting that the recovery prima facie did not appear to be from the petitioner's physical possession, the Court directed release on bail on arrest or surrender within four weeks on a bond of Rs.10,000/- with two like sureties to the satisfaction of the Court of Exclusive Special Excise Court No.3, I/c Civil Court, East Champaran at Motihari, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47817 of 2026

Arising Out of PS. Case No.-107 Year-2026 Thana- PATAHI District- East Champaran

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

Raj Kumar Manjhi @ Raj Kumar, son of Sosindar Manjhi @ Soshindar Manjhi, Resident of Village-Nonpharwa @ Nonfarwa, Dhangar Toli, P.S.Patahi, District- East Champaran, Bihar

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s : Ms. Anita Kumari, APP ======================================================

... ... Opposite Party

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

2 10-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Patahi P.S. Case No.107 of 2026 registered under Sections 221, 132, 324(4), 352, 190, 191, 45 of the Bhartiya Nayay Sanhita, 2023 (in short ‘BNS’) and Section 30(a), 30(b), 30(c) and 41 of the Bihar Prohibition and Excise Amendment Act, 2022.

Allegation against the petitioner is to engage in

illegal trade/manufacturing of illicit liquor, where there is recovery of 50 liters of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.47817 of 2026(2) dt.10-07-2026 2/3

petitioner that recovery of alleged illicit liquor was not made from conscious physical possession of this petitioner rather same was recovered from co-accused, who were arrested on the spot and falsely implicated this petitioner. The petitioner has been implicated with this case due to dirty village politics. While concluding argument, it is submitted that the petitioner found involved in one more criminal case of similar nature, where he is on bail.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail 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 Court of Exclusive Special Excise Court No.3, I/c Civil Court, East Champaran at Motihari in

Patna High Court CR. MISC. No.47817 of 2026(2) dt.10-07-2026 3/3

connection with Patahi P.S. Case No.107 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Sanjeet/-

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