Patna High Court
Mahendra Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.
Summary
Mahendra Kumar Manjhi applied for anticipatory bail after the police registered a case under Sections 30(a) and 47 of the Bihar Excise Act alleging that he concealed liquor in a straw house, a scooty and a bush. He argued that he was not arrested on the spot, that the seized items were not in his conscious possession, and that the investigation was mechanically driven by a hostile chowkidar. The State opposed the bail, contending that the offences were cognizable and that the petitioner had prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 15,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent and to confirm the bail only if he has no more than three prior cases, otherwise the bail would be cancelled. The decision rests on the provisions of Section 482(2) of the BNSS and the principles governing anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Excise Act involving alleged concealment of liquor.
- Whether the petitioner’s prior three cases under the Excise Act preclude the grant of anticipatory bail.
- Whether the police investigation, absent arrest at the scene, satisfies the requirements for denial of bail.
Legislation cited
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12850 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- AMNAUR District- Saran
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Mahendra Kumar Manjhi S/o Late Rajeshwar Manjhi R/o Village - Shekhpura
Bhatti, Police station - Amnour, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachida Nand Rai, Adv
For the Opposite Party/s : Ms.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 Sections 30(a) and
47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 10 litres of liquor concealed
under paddy straw kept behind the straw house of the petitioner,
5 litres of liquor from a scooty and 36 litres of liquor from a
bush.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.12850 of 2026(2) dt.10-03-2026
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the seized scooty and the straw house is a place outside the
house and thus is accessible to villagers at large. It is next
submitted that it does not appear probable that petitioner would
use his own premises for committing an occurrence and thus
would create evidence against himself and hence would get
implicated. It is also submitted that since petitioner has
antecedent of three cases under the Excise Act as such he came
to be implicated at the instance of chowkidar with whom he is
on an inimical term. It is further submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner earlier also came to be implicated in a similar manner
in cases relating to excise.
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. 15,000/- (Rupees
Fifteen Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12850 of 2026(2) dt.10-03-2026
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satisfaction of the learned trial court where the case is
pending/successor court in connection with Amnour P.S. Case No.
344 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 more than
three cases 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 has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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