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Patna High Court

Raju ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail should be granted subject to the conditions prescribed under Section 438(2) CrPC and verification of the petitioners’ antecedent.

Summary

The petitioners, Raju and Jitendra Manjhi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 110 litres of liquor from a premises adjacent to petitioner 1’s house. They argued that they have clean antecedents, were not caught in possession, and were implicated by a hostile watchman who failed to inform police earlier. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail‑bonds of Rs 500 each with two sureties, subject to verification of their criminal antecedent by the trial court. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
  • Whether the petitioners’ lack of possession and clean antecedent justify granting anticipatory bail.
  • What conditions must be imposed under Section 438(2) of the CrPC for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16280 of 2026
                 Arising Out of PS. Case No.-369 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Raju Manjhi S/o Jangali Manjhi Resident of Village- Vishunpur Tara,
                  Gulwara Madhuban, P.O.- Madhuban, P.S.- Madhuban, District- East
                  Champaran
           2.    Jitendra Manjhi S/o Jangali Manjhi Resident of Village- Vishunpur Tara,
                 Gulwara Madhuban, P.O.- Madhuban, P.S.- Madhuban, District- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pawan Kumar
                 For the Opposite Party/s :      Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   allegation is of recovery of 110 litres of liquor from a place

                   behind the house of the petitioner no.1.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.16280 of 2026(2) dt.17-03-2026
                                            2/3




          recovery is from a place, which does not belong to the

          petitioners, but then, is adjacent to the house of petitioner no.1

          and they came to be implicated at the instance of Chaukidar

          with whom they are on an inimical term. It is further submitted

          that if Chaukidar was aware of the involvement of the

          petitioners in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution. It is next submitted that

          it appears that the Chaukidar in order to save the real culprit

          falsely implicated the petitioners, who are persons with clean

          antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum 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 Madhuban P. S. Case No.369 of 2025, subject
               Patna High Court CR. MISC. No.16280 of 2026(2) dt.17-03-2026
                                                           3/3




                         to the conditions laid down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners 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

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, 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)
vikash/-

U          T


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