Patna High Court
Ashok ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Ashok Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 10 litres of liquor were allegedly recovered from a location adjacent to his courtyard. He argued that the liquor was not found in his possession, the informant’s name was omitted from the FIR, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be cancelled; if exactly two, the bail would be confirmed. The trial court was directed to verify the antecedents and act accordingly.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- criminal antecedents
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25546 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- KOPA District- Saran
======================================================
Ashok Manjhi S/o Late Dashrath Manjhi Resident of village - Chainpur, P.S -
Kopa, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 10 litres of liquor from a place near
courtyard of the petitioner. It is next submitted 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 is adjacent to his courtyard 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
Patna High Court CR. MISC. No.25546 of 2026(2) dt.21-04-2026
2/3
disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Kopa P.S. Case No.33/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.25546 of 2026(2) dt.21-04-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…