Patna High Court
Sunil ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedent and compliance with the conditions imposed.
Summary
The petitioner, Sunil Manjhi, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 170 litres of liquor and 500 litres of jaggery solution from a public canal area. He argued that he had no possession of the contraband, the site did not belong to him, and the accusation stemmed from a hostile local informant whose identity was omitted from the FIR. The State opposed his request for anticipatory bail. The Court, noting the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of possession and clean antecedent justify granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25198 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- PUNPUN District- Patna
======================================================
Sunil Manjhi S/O Late Manohar Manjhi Resident of Village- Manorah, P.S.-
Punpun, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 170 liters of liquor from a place near a canal along
with 500 liters of mix jaggery solution which was destroyed at
the spot.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.25198 of 2026(2) dt.21-04-2026
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and is accessible to villagers at large and he came to be
implicated at the instance of local person, but then the name of
the person who disclosed the name of the petitioner is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution, when petitioner has not been implicated based on
secret information. It is next submitted that petitioner came to
be implicated at the instance of Chowkidar with whom he is on
an inimical term
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, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Punpun
P.S. Case No. 56 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.25198 of 2026(2) dt.21-04-2026
3/3
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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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