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Patna High Court

Jai Prakash Manjhi @ Jay Prakash Manjhi @ Nanhaku ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted conditionally, subject to verification of the petitioner’s antecedent, under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Jai Prakash Manjhi, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from an orchard belonging to him and from a cattle shed of another person. He argued that the liquor was not in his conscious possession, that the orchard was a public place accessible to villagers, and that the allegation was a ploy by an adversary to implicate his family. The State opposed the bail, contending that the petitioner had prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also stipulated that the trial court must verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged recovery of liquor from the petitioner’s orchard constitutes sufficient grounds for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21225 of 2026
                        Arising Out of PS. Case No.-91 Year-2026 Thana- GARKHA District- Saran
                 ======================================================
                 Jai Prakash Manjhi @ Jay Prakash Manjhi @ Nanhaku Manjhi Son of
                 Khedan Manjhi Resident of Village- Kudarbadha, Salahan, P.S.- Garakha,
                 Distict- Saran at Chapra
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                   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 (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 2 litres of liquor from the cattle shed

                   of Sukesh and 10.250 litres of liquor from an orchard of the

                   petitioner.

                                 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 orchard is a place

                   outside the house and, thus, is accessible to villagers at large. It
Patna High Court CR. MISC. No.21225 of 2026(2) dt.01-04-2026
                                            2/3




          is further submitted that no prudent person would use his own

          orchard for committing an occurrence and, thus, would create

          evidence against himself and, hence, would get implicated. It is

          next submitted that it appears that someone inimical to the

          family of the petitioner, concealed meager amount of liquor in

          the orchard of the petitioner with an intent to implicate the

          entire family members. It is also submitted that once an accused

          is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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.10,000/- (Rupees Ten 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 Garkha P.S. Case No. 91 of 2026,

          subject to the conditions as laid down under Section 438(2) of
           Patna High Court CR. MISC. No.21225 of 2026(2) dt.01-04-2026
                                                       3/3




                     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 more than two

                     cases, 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 has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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