Patna High Court
Laxman Kumar @ Laxman Manjhi @ Duldul ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted subject to conditions and verification of antecedents even when the alleged offence involves recovery of liquor and the petitioner denies possession.
Summary
Laxman Kumar applied for anticipatory bail under Section 438 of the CrPC in connection with a case under Section 30(a) of the Excise Act alleging recovery of 56.07 litres of liquor. He argued that he was not in possession of the liquor, that the recovery took place at a location not belonging to him, and that the complaint was filed on the basis of a watchman's (chaukidar) information, raising doubts about the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The application was allowed, granting provisional anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act involving alleged recovery of liquor.
- Whether the absence of possession and the role of the chaukidar affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent influences the decision on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- possession
- chaukidar
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20731 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Nagara District- Saran
======================================================
Laxman Kumar @ Laxman Manjhi @ Duldul Manjhi S/o Satrudhan Manjhi
R/o - Rauja Masihan Tola, P.S- Nagra,District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harsh Anuj
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 56.07 litres of liquor from a
sack.
4. The 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 alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated at the instance of Chaukidar, but
Patna High Court CR. MISC. No.20731 of 2026(2) dt.01-04-2026
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then, it is submitted that if Chaukidar was aware of the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution.
Majority, It is next submitted that it is seen that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five 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 Nagra P. S. Case No.07 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.20731 of 2026(2) dt.01-04-2026
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8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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