Patna High Court
Mithilesh Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Mithilesh Kumar Manjhi, sought anticipatory bail after a case was registered under Sections 30(a) and 32(3) of the Bihar Excise Act for allegedly recovering 28 litres of liquor from a motorcycle he owned. He argued that the liquor was not found in his possession and that he was unaware that a friend had misused his vehicle, contending that ownership alone should not create criminal liability. The State opposed the bail, emphasizing the petitioner’s prior four cases under the Excise Act. The Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and appear before the trial court within six weeks. The order further stipulated that if the trial court later discovers more than four prior cases, the bail would be revoked; otherwise, it would be confirmed. The decision balances the petitioner’s right to liberty with the State’s interest in preventing misuse of bail in repeat offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite prior offences under the Bihar Excise Act.
- Whether mere ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting provisional anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20112 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Mithilesh Kumar Manjhi S/o Babulal Manjhi R/o Village - Kishunpur, P.S -
Jalalpur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 28 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.20112 of 2026(2) dt.31-03-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot.
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
Sadar Excise P.S. Case No. 261 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
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
Patna High Court CR. MISC. No.20112 of 2026(2) dt.31-03-2026
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antecedent of four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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