Patna High Court

Ram Briksha ManjhiversusThe State of Bihar

Decided: 26 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Ram Briksha Manjhi, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 12 litres of liquor from a public bush. He argued that he had no prior criminal record, the liquor was not in his conscious possession, and the alleged site did not belong to him. He also questioned why the chowkidar, who allegedly knew of his involvement, did not inform police earlier. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent by the trial court, with the order to be confirmed if he is found to have a clean record.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the circumstances of alleged recovery and lack of possession justify bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
clean antecedent
provisional bail
public place
recovery of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12150 of 2026
                         Arising Out of PS. Case No.-181 Year-2025 Thana- RUPO District- Nawada
                 ======================================================
                 Ram Briksha Manjhi S/o- Saudi Manjhi Village- Bharat PS- Rupow Dist-
                 Nawada

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 12 liters of liquor from a bush.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be at the

                   instance of Chowkidar with whom he is on an inimical term and
Patna High Court CR. MISC. No.12150 of 2026(2) dt.26-02-2026
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          it is submitted that if Chowkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       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, 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 Rupow

          P.S. Case No. 181 of 2025 subject to the conditions as laid down

          under Section 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 in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.12150 of 2026(2) dt.26-02-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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