Patna High Court
Bablu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to surrender, bail bond, sureties and verification of the petitioner’s antecedent record.
Summary
Bablu Manjhi sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 85 litres of liquor from his motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that another person misused his vehicle. The State opposed the bail, citing his three prior cases under the Excise Act. The Court granted provisional anticipatory bail on the condition that he surrender within six weeks, furnish a bail bond of Rs.15,000 with two sureties, and submit to verification of his criminal antecedents. The order stipulated that if verification shows more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite alleged involvement in an offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle used in the alleged offence implicates the petitioner absent conscious possession of the liquor.
- Whether the petitioner’s prior three cases under the Excise Act affect the grant of anticipatory bail under Section 438 Cr.P.C. and Section 482(2) of the BNSS.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 30(a) Bihar Prohibition and Excise Act
- vehicle ownership
- possession
- prior convictions
- Bihar Excise Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1460 of 2026
Arising Out of PS. Case No.-97 Year-2024 Thana- BARHAT District- Jamui
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Bablu Manjhi S/O Nakul Manjhi R/O Vill - Katka, P.S- Barhat, Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 85 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.1460 of 2026(2) dt.21-01-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Arvind Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Jitendra Murmu.
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, let 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 satisfaction of the learned trial court
where the case is pending/successor court in connection with
Barhat P.S. Case No. 97 of 2024, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than three
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.1460 of 2026(2) dt.21-01-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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