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Patna High Court

Sunil ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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