Patna High Court
Bigan ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioners, subject to verification of their criminal antecedent and compliance with bail conditions.
Summary
The petitioners, Bigan Manjhi and Basant Manjhi, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 21 litres of liquor from a spot adjacent to their house. They contended that they have a clean criminal record, that no liquor was found in their possession at the time of arrest, and that the complaint was motivated by a hostile watchman. The State opposed the bail, arguing that the FIR disclosed sufficient grounds for prosecution. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties, and directed the trial court to verify their antecedents before confirming the bail. The order further stipulated that if any antecedent is discovered, the bail would be withdrawn for the concerned petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners have a clean criminal antecedent warranting bail.
- Whether the FIR is sustainable given the absence of liquor in the petitioners' possession.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23271 of 2026
Arising Out of PS. Case No.-739 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
1. Bigan Manjhi Son of Doman Manjhi Resident Of Village- Hasanpur, Ward
No 4, Ps- Rajgir, District- Nalanda, Bihar
2. Basant Manjhi son of Shiv Manjhi Resident Of Village- Hasanpur, Ward No
4, Ps- Rajgir, District- Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 21 litres of liquor from a place near a pond in front
of the house of the petitioners.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.23271 of 2026(2) dt.09-04-2026
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recovery is from a place which does not belong to the
petitioners but then is adjacent to their house and they came to
be implicated at the instance of Chowkidar with whom they are
on an inimical term. It is next submitted that if Chowkidar was
aware about the involvement of the petitioners in the
occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Rajgir P.S. Case No. 739 of 2025 subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
Patna High Court CR. MISC. No.23271 of 2026(2) dt.09-04-2026
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case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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