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Patna High Court

Ajay Manjhi @ Ajay Kumar ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the stipulated conditions.

Summary

The petitioners, Ajay Manjhi and Rudal Manjhi, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 56 litres of liquor from a public bridge. They argued they have clean antecedents, the liquor was not found in their possession, and the complaint was filed by a chowkidar who may have falsely implicated them. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail. If any antecedent is discovered, the bail would be withdrawn for that petitioner; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the CrPC in a case punishable under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of possession of the alleged liquor and the alleged false implication by the chowkidar justify granting bail.
  • Whether the trial court must verify the petitioners' criminal antecedents before confirming the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • Section 482(2) CrPC
  • clean antecedent
  • false implication
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1332 of 2026
                   Arising Out of PS. Case No.-155 Year-2025 Thana- RAGHUNATHPUR District- Siwan
                 ======================================================
           1.     Ajay Manjhi @ Ajay Kumar Manjhi S/o- Rudal Manjhi Village- Laxman
                  Dumari PS-Raghunathpur Distt- Siwan
           2.    Rudal Manjhi S/o- Ramashish Manjhi Village- Laxman Dumari PS-
                 Raghunathpur Distt- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raghwendra Pratap Singh
                 For the Opposite Party/s :      Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 56 litres of liquor from a place under a bridge.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and even the alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.1332 of 2026(2) dt.21-01-2026
                                            2/3




          petitioners and is accessible to public at large and they came to

          be implicated at the instance of Chowkidar but then it is

          submitted that if the Chowkidar was aware about the

          involvement of the petitioners 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. It is

          also submitted that it appers that the Chowkidar, in order to save

          the real culprit, falsely implicated the petitioners, when

          petitioners admittedly are persons with clean antecedent.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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. 155 of 2025,             subject to the

          conditions as laid down under Section Section 482(2) of the

          BNSS.
              Patna High Court CR. MISC. No.1332 of 2026(2) dt.21-01-2026
                                                          3/3




                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioners have antecedent of even one

                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

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

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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