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Patna High Court

Upendra ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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