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Patna High Court

Prem Kumar Manjhi @ Prem Kumar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Prem Kumar Manjhi, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 10 litres of liquor from a premises adjacent to his house. He contended that the FIR was filed on the basis of a hostile watchman’s complaint, that he was not arrested on the spot, and that the alleged liquor was not in his conscious possession. The petitioner also argued that the order mistakenly recorded ten prior excise cases against him, whereas he had only one antecedent case. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedent, and clarified that the bail would be confirmed only if the antecedent is limited to one case.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act where the petitioner claims the alleged offence occurred on premises not belonging to him.
  • Whether the alleged concealment of prior criminal antecedents affects the grant of anticipatory bail.
  • Whether the circumstances of the FIR, including the role of a hostile watchman, warrant denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 438 CrPC
  • bail bond
  • criminal antecedent
  • provisional bail
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22449 of 2026
                       Arising Out of PS. Case No.-465 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Prem Kumar Manjhi @ Prem Kumar Ram Son of Vishwakarma Manjhi @
                 Vishwakarma Ram R/o Village - Shitalpur Pirganj, P.S. - Dighwara, Dist. -
                 Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nalin Kumar
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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,

                   but then, the order impugned inadvertently records that

                   petitioner has antecedent of ten cases and allegation is of

                   recovery of 10 litres of liquor from a place behind the house of

                   the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.22449 of 2026(2) dt.08-04-2026
                                            2/3




          recovered from his conscious possession and even alleged

          recovery is from a place, which does not belong to the petitioner

          but then, is adjacent to his house and he came to be implicated

          at the instance of Chaukidar with whom he is on an inimical

          term. It is further submitted that if Chaukidar was aware of the

          involvement of the petitioners 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.

                       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 Dighwara P. S. Case No.465 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.22449 of 2026(2) dt.08-04-2026
                                                           3/3




                         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 only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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