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Patna High Court

Wakil ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.

Summary

Wakil Manjhi, a resident of Mangolapur, sought anticipatory bail after the police registered a case (PS‑Jalalpur Case No. 87 of 2026) alleging he was involved in the recovery of three litres of liquor from a hut adjacent to his house, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and the alleged liquor was not in his conscious possession nor on his property. He further contended that the local watchman’s failure to inform police earlier casts doubt on the prosecution’s case. The State opposed the anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 500 with two sureties, and conditioned the order on verification of the petitioner’s antecedent by the trial court, whereby the bail would be confirmed if he is found clean, or otherwise not confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2).

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25550 of 2026
                        Arising Out of PS. Case No.-87 Year-2026 Thana- JALALPUR District- Saran
                 ======================================================
                 Wakil Manjhi S/O Late Rambalak Manjhi Resident of Village - Mangolapur,
                 PS - Jalalpur, District - Saran
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 3 litres of liquor from a hut situated behind the

                   house of the petitioner.

                                4. 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 the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house. It is further submitted that

                   petitioner came to be implicated at the instance of the local
Patna High Court CR. MISC. No.25550 of 2026(2) dt.21-04-2026
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          person and Chawkidar but then it is submitted that if the

          Chawkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to the

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution, when petitioner is a person with clean

          antecedent.

                       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 appearing on behalf of the petitioner, let 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.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 Jalalpur P.S. Case

          No. 87 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.25550 of 2026(2) dt.21-04-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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