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Patna High Court

Ramu ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail is warranted and granted provisional bail subject to conditions and verification of antecedent.

Summary

The petitioner, Ramu Manjhi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 24 litres of liquor from a public place. The petitioner asserted a clean criminal record and argued that the alleged liquor was recovered from a location not under his control, implicating him only due to a watchman's false testimony. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent and the circumstances of alleged recovery justify granting bail.
  • Whether the watchman's testimony alone suffices to sustain the FIR and deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • watchman testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24799 of 2026
                    Arising Out of PS. Case No.-7 Year-2026 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Ramu Manjhi S/o Chhotelal Manjhi @ Chhotelal Mahato R/o Village-
                 Kaudihar, Dhangar Toli, PS- Raxaul, Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Priyanka Kumari
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 is a person with clean antecedent and allegation is

                   of recovery of 24 litres of liquor from a place near a handpump.

                                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 is accessible to public at large and he came to be implicated

                   at the instance of Chaukidar, but then, it is submitted that if
Patna High Court CR. MISC. No.24799 of 2026(2) dt.20-04-2026
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          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. It is next submitted that it appears that

          the Chaukidar in order to save the real culprit falsely implicated

          the petitioner, when admittedly petitioner is a person with clean

          antecedent.

                       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.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

          Raxaul 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.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.24799 of 2026(2) dt.20-04-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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