Patna High Court
Upendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted where the petitioner is not in possession of the contraband and has a clean antecedent, subject to verification under Section 438(2) Cr.P.C.
Summary
The petitioner, Upendra Manjhi, sought anticipatory bail under Section 438 of the Cr.P.C. after a seizure of 20 litres of liquor from his motorcycle, alleging he was unaware of his friend's misuse of the vehicle and had no conscious possession of the contraband. He claimed a clean antecedent and argued that ownership of the vehicle alone should not constitute evidence of guilt. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. It stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed. The application was allowed, granting anticipatory bail subject to the conditions of Section 438(2) Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. for an offence under Section 30(a) of the Excise Act.
- Whether mere ownership of a vehicle from which contraband is recovered justifies denial of anticipatory bail.
- Whether the petitioner’s clean antecedent is a requisite condition for granting 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
- ownership of vehicle
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18193 of 2026
Arising Out of PS. Case No.-271 Year-2024 Thana- MAKER District- Saran
======================================================
Upendra Manjhi S/o Jerman Manjhi R/o Village - Haijalpur Basantpur, P.S -
Maker, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyadarshi Pankaj Raj Anand
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 is a person with clean antecedent and allegation is
of recovery of 20 litres of liquor from a motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.18193 of 2026(2) dt.25-03-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who also fled from the spot and he came to be
implicated at the instance of local person, who identified his
motorcycle.
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.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
Mekar P. S. Case No.271 of 2024, 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
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.18193 of 2026(2) dt.25-03-2026
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found that petitioner has antecedent of even one case, 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 is a person 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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