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Patna High Court

Rajeshwar Manjhi @ Rajeshwar HazraversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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