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Patna High Court

Rakesh ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Rakesh Manjhi, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 10 litres of liquor from a location adjacent to his house. He argued that he has a clean antecedent, the alleged liquor was not found in his possession, and the FIR was based on undisclosed informant information, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court invoked Section 482(2) of the CrPC in its reasoning.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
  • Whether the FIR, based on undisclosed informant information, is sufficient to deny bail.
  • Whether the petitioner’s clean antecedent satisfies the conditions for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • clean antecedent
  • Section 482 CrPC
  • high court bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18395 of 2026
                       Arising Out of PS. Case No.-932 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Rakesh Manjhi S/o Biteshwer Manjhi R/o vill - Nadaul Musahri, P.S.-
                 Masaurhi, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Ranjan
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from a place in front of the house

                   of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

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

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.18395 of 2026(2) dt.25-03-2026
                                            2/3




          the instance of local people, but then the name of the person,

          who disclosed the name of the petitioner is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution,

          when petitioner was not implicated based on secret information.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   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 trial court

          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 Masaurhi

          P.S. Case No. 932 of 2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                   7.       It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and in

          the event if it is found that petitioner has antecedent of even one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.18395 of 2026(2) dt.25-03-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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