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Patna High Court

Anil ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed under Section 482(2) of the BNSS.

Summary

The petitioner, Anil Manjhi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from a motorcycle he owned and from a house belonging to another person. He argued that he had a clean criminal record, that the liquor was not found in his possession, and that he was unaware of his friend’s alleged misuse of the vehicle. The State opposed the bail, contending that the allegations warranted arrest. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and subject to verification of the petitioner’s antecedent. The court stipulated that if any prior case is discovered, the bail would be revoked, but if the petitioner’s clean record is confirmed, the provisional order would be made final. The order was made under the inherent powers of the High Court pursuant to Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
  • Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • High Court inherent powers
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26074 of 2026
                   Arising Out of PS. Case No.-312 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Anil Manjhi S/o- Ghurn Manjhi R/o - Rahua East, P.S - Warisnagar, District -
                 Samastipur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vinay Kumar Mishra
                 For the Opposite Party/s :      Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026               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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 4 litres of liquor from a motorcycle and 58 litres of

                   liquor from the house of Dilip Paswan.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and has no concern or

                   relation with Dilip and he came to be implicated based on the

                   fact that he is owner of the seized vehicle. It is next submitted
Patna High Court CR. MISC. No.26074 of 2026(2) dt.24-04-2026
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          that no prudent person would use his own vehicle for

          committing an occurrence and thus would create evidence

          against himself and hence would get implicated, it is further

          submitted that petitioner was completely unaware that his friend

          would misuse the vehicle in the manner as alleged, who also

          fled from the spot.

                   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 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 Kalyanpur P.S. Case No. 312 of 2025 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 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
              Patna High Court CR. MISC. No.26074 of 2026(2) dt.24-04-2026
                                                          3/3




                        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)
Sumit/-

U         T


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