Patna High Court
Birbahadur Manjhi @ Birbhadur ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
The petitioner, Birbahadur Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 6.5 litres of liquor from a public bush behind a temple. He argued that the liquor was not in his possession, the location did not belong to him, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and a deposit of Rs.15,000 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedent. It stipulated that if the petitioner is found to have more than four prior cases, the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the lack of disclosure of the informant in the FIR and absence of possession of the alleged liquor affect the bail decision
- Whether the petitioner’s criminal antecedent of four cases influences the confirmation of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- FIR
- informant disclosure
- public place
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1897 of 2026
Arising Out of PS. Case No.-700 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Birbahadur Manjhi @ Birbhadur Manjhi Son of Late Shiv Bachan Manjhi
Resident of Village - Bhanachak Mushari Toli Ward No.- 15, Police Station -
Majhauliya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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
has antecedent of four cases and allegation is of recovery of 6.5
litres of liquor from a bush behind a temple.
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
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.1897 of 2026(2) dt.27-01-2026
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at 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. It
is further submitted that since petitineor has antecedent as such
police got him implicated wihout disclosing the name of the
person who disclosed the name of the petitioner.
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. 20,000/- (Rupees
Twenty 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 Majhauliya
(Majhaulia) P.S. Case No. 700 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 more than four
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.1897 of 2026(2) dt.27-01-2026
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of four cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs.15,000/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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