Patna High Court
KARAN MANJHIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Karan Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 200 litres of liquor from a bush near a river and from a motorcycle. He asserted that he has a clean antecedent, was not in possession of the liquor at the time of arrest, does not own the seized vehicle, and was implicated solely on secret information without a proper investigation. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week period for the petitioner to surrender, pending verification of his criminal antecedent. The order conditions that if any antecedent is discovered, the bail may be withdrawn, whereas confirmation will follow if he is found to have a clean record.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lack of possession of the alleged liquor and clean antecedent justify the grant of anticipatory bail.
- Whether reliance on secret information without a proper investigation is sufficient ground to deny anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- secret information
- bail bond
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.483 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
KARAN MANJHI S/O MANOJ MANJHI R/O VILL.- SAPAHI BRITIYA,
P.S.- RAGHUNATHPUR, DIST.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 200 litres of liquor from a bush near the bank of a
river and from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
petitioner is not the owner of the seized vehicle and came to be
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implicated based on the secret information which is the easiest
way to implicate someone without holding a proper
investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Raghunathpur P.S. Case No. 208 of 2025, subject to the
conditions as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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