Patna High Court
Fagu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of antecedents, with confirmation contingent on the petitioner having no more than two prior cases.
Summary
The petitioner, Fagu Manjhi, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 60 litres of liquor from a bamboo orchard not belonging to him. He claimed the accusation was based on a hostile chowkidar’s testimony and that no liquor was found in his possession. The petitioner, who has two prior excise cases, sought anticipatory bail, arguing lack of proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify his criminal antecedents, stating that if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed immediately.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged excise offence
- Whether the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- prior criminal antecedents
- bail conditions
- law enforcement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14062 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- JALALPUR District- Saran
======================================================
Fagu Manjhi Son of Late Fekan Manjhi Resident of Village - Kishunpur, P.S.
- Jalalpur, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj
For the Opposite Party/s : Mr. Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 60 litres of liquor from a bamboo
orchard. It is next submitted that petitioner was not arrested
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 villagers at
large and he came to be implicated at the instance of chowkidar
with whom he is on an inimical term. It is also submitted that
Patna High Court CR. MISC. No.14062 of 2026(2) dt.12-03-2026
2/3
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) 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 Jalalpur P.S. Case No.01/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
Patna High Court CR. MISC. No.14062 of 2026(2) dt.12-03-2026
3/3
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.