Patna High Court
Sanny Manjhi @ Shani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Sanny Manjhi, sought anticipatory bail fearing arrest in a case under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not caught in possession, did not own the seized vehicles, and was implicated by a watchman with whom he had a hostile relationship, questioning the police investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties, subject to verification of his criminal antecedent. If the petitioner is found to have more than five prior cases, the bail will not be confirmed; if exactly five, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged offences.
- Whether the petitioner’s criminal antecedent affects the grant or confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317, 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- criminal antecedent
- excise law
- Section 317
- Section 30
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26565 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Sanny Manjhi @ Shani Kumar S/o Ghura Manjhi R/o Village - Ramgarh, P.S
- Nautan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnikant, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 317(5) of
the BNS as well as Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 90
litres of liquor from two different motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated at the instance of the Chawkidar with
Patna High Court CR. MISC. No.26565 of 2026(2) dt.22-04-2026
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whom he is on an inimical term. It is next 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. It is also submitted that once an accused
is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.25,000/-
(Rupees Twenty-five 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 Mirganj
P.S. Case No. 169 of 2025, 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
Patna High Court CR. MISC. No.26565 of 2026(2) dt.22-04-2026
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Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than five
cases, it would be presumed that petitioner had concealed his
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 has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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