Patna High Court

Manjesh Kumar Thakur @ Manjesh ThakurversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to a Rs.500 bond, two sureties and verification of the petitioner’s antecedent.

Summary

Manjesh Kumar Thakur was implicated in a case under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act for allegedly possessing 28 litres of liquor recovered from a motorcycle. He contended that he has a clean antecedent, was not the owner of the seized vehicle, and was implicated by a hostile watchman. The petitioner sought anticipatory bail, arguing that no liquor was found in his conscious possession and that the watchman’s motive was questionable. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500, two sureties of the same amount, and subject to verification of the petitioner’s criminal antecedent, with the proviso that the bail would be confirmed only if the antecedent is found to be clean.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the facts of the case
Whether the petitioner’s alleged clean antecedent and lack of possession of the seized liquor justify bail
Whether the allegations under IPC Sec.414 and Bihar Excise Act Sec.30(a) warrant denial of anticipatory bail

Legislation cited

BNSS — s. 482(2)
Indian Penal Code — s. 414

Subjects

anticipatory bail
IPC 414
Bihar Excise Act 30(a)
clean antecedent
seizure of liquor
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29836 of 2026
                     Arising Out of PS. Case No.-428 Year-2023 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Manjesh Kumar Thakur @ Manjesh Thakur son of Manoj Thakur Resident of
                 village -Singaha PS -Mirganj Distt- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dharmveer
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026               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 414 of IPC

                   and 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 28 litres of liquor from a motorcycle.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of Chowkidar with whom he is on an inimical term. It is next

                   submitted that if Chowkidar was aware about the involvement
Patna High Court CR. MISC. No.29836 of 2026(2) dt.05-05-2026
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          of the petitioner in the occurrence, then why he did not inform

          the police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution, when petitioner

          admittedly 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 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 Mirganj P.S. Case No. 428 of 2023 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

          confirmed, but after verification if it is found that petitioner is a

          person with clean antecedent in that event the provisional
              Patna High Court CR. MISC. No.29836 of 2026(2) dt.05-05-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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