Patna High Court
Ajay Manjhi @ Ajay Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 If any antecedent is discovered, the bail would be withdrawn for that petitioner; otherwise, the provisional bail would be confirmed.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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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.
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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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