Patna High Court
Rajesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Petitioner Rajesh Manjhi was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing two litres of liquor recovered from a field that he does not own. He argued that he has a clean antecedent, the liquor was not found in his conscious possession, and the police investigation was mechanical and failed to establish ownership of the field. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the alleged facts constitute a cognizable offence justifying arrest.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
- Whether the police investigation was sufficient to establish the petitioner’s involvement.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- liquor possession
- police investigation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28071 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- TARAIYA District- Saran
======================================================
Rajesh Manjhi S/o Narayan Manjhi R/V- Bhalua Sankardih, P.S- Taraiya,
Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 2 liters of liquor from field of petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession. It is asserted and
submitted that the field from where the liquor was recovered
does not belong to the petitioner, but then he came to be
implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.28071 of 2026(2) dt.28-04-2026
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inimical term. It is next submitted that police in mechanical
manner investigates and implicates without holding a proper
investigation. It is also submitted that if police would have
investigated the case in its correct perspective, it would have
come to the fore that the field does not belong to the petitioner.
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 before the learned Trial Court
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 Taraiya
P.S. Case No. 342 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.28071 of 2026(2) dt.28-04-2026
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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)
Rishabh/-
U T
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