Patna High Court
Santosh Kumar Manjhi @ Santosh ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Santosh Kumar Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 486 litres of liquor from a public area near a godown. He asserted that he has a clean antecedent, was not in possession of the liquor, and was falsely implicated by a hostile chowkidar. The petitioner sought anticipatory bail, while the State opposed the relief. The court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the accused claims no possession and a clean antecedent.
- Whether the alleged false implication by a chowkidar affects the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- false implication
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17491 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Santosh Kumar Manjhi @ Santosh Manjhi Son of Sri Ram Manjhi R/o
Baroha, Hasua, P.S. - Nautan, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 486 litres of liquor from bushes and bamboo
orchard near Pacs godown. 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 public at large and he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
Patna High Court CR. MISC. No.17491 of 2026(2) dt.19-03-2026
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also submitted that if chowkidar was aware of the involvement
of the petitioner 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. It is next submitted that
chowkidar in order to save the real culprit falsely implicated the
petitioner, when petitioner admittedly is a person with clean
antecedent.
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.500/- (Rupees five hundred) 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 Nautan P.S. Case No.293/2025, 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 even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.17491 of 2026(2) dt.19-03-2026
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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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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