Patna High Court
Lal Babu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
Lal Babu Manjhi applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of five litres of liquor from his palani. He contended that the liquor was not in his conscious possession, the palani is a public area accessible to villagers, and that someone may have planted the liquor to implicate his family, noting that he has only two prior cases under the Excise Act. The State opposed the bail. The court, after hearing counsel, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) of the Cr.P.C. The order further provided that if more than two prior cases are discovered, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. to a person accused under Section 30(a) of the Excise Act.
- Whether the petitioner’s antecedent of two prior Excise Act cases disqualifies him from obtaining anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17362 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- Gaura P.S. District- Saran
======================================================
Lal Babu Manjhi S/o- Late Bijli Manjhi R/v- Narharpur Ps- Gaura, Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh No. I
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 05 litres of liquor from palani of
Lal Babu Manjhi.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and palani is a place
outside the house and thus is accessible to villagers at large. It is
further no prudent person would use his premises for
Patna High Court CR. MISC. No.17362 of 2026(2) dt.19-03-2026
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committing a crime and thus, would create evidence against
himself and hence, would get implicated. It is also submitted
that it appears that someone inimical to the family concealed
meager amount of liquor in the palani of the petitioner with an
intent to implicate the entire family members. It is next
submitted that in similar manner also petitioner came to be
implicated earlier.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 ABP No.407 of 2026 arising out of Gaura P. S. Case
No.284 of 2025, subject 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
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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