Patna High Court
Rajeshwar Manjhi @ Rajeshwar HazraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that, given the petitioner’s clean antecedent and lack of possession of the alleged liquor, provisional anticipatory bail should be granted subject to verification of antecedent and compliance with bail conditions.
Summary
The petitioner, Rajeshwar Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly recovering three litres of liquor from a public bridge. He asserted a clean criminal record, denied possession of the liquor, and claimed that a chaukidar falsely implicated him to shield the real culprits. The State opposed the bail. The Court examined these submissions, noting the lack of possession, the public nature of the location, and the petitioner’s clean antecedent, and therefore granted provisional anticipatory bail subject to a bond of Rs 500 and two sureties. The order conditioned the bail on verification of the petitioner’s antecedent by the trial court; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed. The decision reflects the Court’s discretion to prevent unwarranted arrest while safeguarding the trial process.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- false implication
- chaukidar
- bail bond
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20531 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- Banuchhapar District- West Champaran
======================================================
Rajeshwar Manjhi @ Rajeshwar Hazra S/o- Late Bahadur Manjhi @ Late Lal
Bihari Manjhi R/o Village- Lalgarh Mushari Toli Police Station - Bettiah
Muffasil District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3 litres of liquor from a bag near the bridge.
4. Learned counsel for the petitioner submits that
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. It is further submitted that
petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.20531 of 2026(2) dt.31-03-2026
2/3
Chawkidar but then it is submitted that if the Chawkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution. It is next submitted that it appears that the
Chawkidar, in order to save the real culprits, falsely implicated
the petitioner, when petitioner admittedly is a person with clean
antecedent.
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, let the petitioner, above-named, in the
event of his arrest or surrender 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 Banuchhapar P.S. Case No. 19 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.20531 of 2026(2) dt.31-03-2026
3/3
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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