Patna High Court
Umesh Manjhi @ Umesh MajhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Umesh Manjhi, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from a bamboo orchard not belonging to him. He argued he has a clean antecedent, no possession at the time of arrest, and that the FIR does not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the lack of disclosure of the informant in the FIR affects the grant of anticipatory bail.
- Whether the anticipatory bail should be made provisional subject to verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- prohibition law
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20562 of 2026
Arising Out of PS. Case No.-2 Year-2025 Thana- BELSAND District- Sitamarhi
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Umesh Manjhi @ Umesh Majhi S/O Late Nathuni Manjhi @ Late Jogi
Manjhi @ Late Jogi Majhi R/O village- Jafarpur, Ward No. 7, P.S. Belsand,
Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu 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 offences punishable under Sections 30(a) and
30(C) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor along with 200 litres of semi-
manufactured liquor from a bamboo orchard.
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
Patna High Court CR. MISC. No.20562 of 2026(2) dt.31-03-2026
2/3
and he came to be implicated at the instance of the local person
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 has not been
implicated based on the secret information and 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 Belsand P.S. Case No. 02 of 2025, 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
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.20562 of 2026(2) dt.31-03-2026
3/3
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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