Patna High Court
Nanhak Manjhi @ Nanhaku Manjhi @ Tarkeshwar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' antecedents and compliance with bail bond conditions.
Summary
The petitioners, Nanhak Manjhi and Dharmendra Manjhi, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 40 litres of liquor from a roadside in Mirjapur. They contended that they have no prior criminal record, were not caught in possession, and were implicated by a watchman with whom they have a hostile relationship. The petition sought anticipatory bail, arguing that the liquor was recovered from a public place and not from their possession. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify the petitioners' antecedents within six weeks, after which the bail would be confirmed if they are found to have a clean record. The order also stipulated that any undisclosed antecedent would lead to the bail not being confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in an offence under Section 30(a) of the Bihar Excise Act where they were not caught in possession of the liquor.
- Whether the petitioners' clean antecedent and the circumstances of the alleged recovery justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- clean antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13943 of 2026
Arising Out of PS. Case No.-689 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Nanhak Manjhi @ Nanhaku Manjhi @ Tarkeshwar Manjhi Son of
Nageshwar Manjhi Resident of village- Mirjapur, Ps- Marhowrah, Dist-
Saran
2. Dharmendra Manjhi son of Late Dhruv Manjhi @ Devsharan Manjhi
Resident of village- Mirjapur, Ps- Marhowrah, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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
petitioners are persons with clean antecedent and allegation is of
recovery of 40 liters of liquor from a roadside of village
Mirzapur.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.13943 of 2026(2) dt.12-03-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar with whom they
are on an inimical term. It is next submitted that if Chowkidar
was aware of 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, 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
Marhowrah P.S. Case No. 689 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
Patna High Court CR. MISC. No.13943 of 2026(2) dt.12-03-2026
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Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the 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, but
after verification if it is found that petitioners are persons 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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