Created by Fuzzy Cloud

Patna High Court

Manoj Manjhi @ Manoj MajhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties and verification of antecedent cases.

Summary

Manoj Manjhi applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 12 litres of liquor from a location adjacent to his house. He argued that the liquor was not in his possession and that the complaint was motivated by an inimical relationship with the complainant chaukidar, who failed to inform police earlier. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order is made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27238 of 2026
                      Arising Out of PS. Case No.-44 Year-2026 Thana- BELSAND District- Sitamarhi
                 ======================================================
                 Manoj Manjhi @ Manoj Majhi S/o Late Rajendra Manjhi R/o village -Kothi
                 Chowk Belsand, Ward No. 1 Belsand, Ward No. 1, P.S. - Belsand, Dist. -
                 Sitamarhi
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 12 litres of

                   liquor from the door 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, hence, he came to be
Patna High Court CR. MISC. No.27238 of 2026(2) dt.23-04-2026
                                            2/3




          implicated at the instance of the Chawkidar with whom he is on

          an inimical term. It is further 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.

                       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.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 Belsand P.S.

          Case No. 44 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 more than two

          cases, it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.27238 of 2026(2) dt.23-04-2026
                                                       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 has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.