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Patna High Court

Ravan Manjhi @ Ram PrakashversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Ravan Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 832 litres of spirit from his dalan. He argued that the alleged seizure was not from his immediate possession, the dalan was a public area, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.5,000 bail bond with two sureties and verification of the petitioner’s criminal antecedents. If the petitioner is found to have more than one prior case, the bail will not be confirmed; if only one, it will be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in the context of alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2990 of 2026
                        Arising Out of PS. Case No.-282 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Ravan Manjhi @ Ram Prakash Son of Shri Bhageru Manjhi R/o Village -
                 Sangrampur, P.S. - Taraiya, District - Saran.
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kunal Singh, Advocate
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 832 litres of spirit from the dalan 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 dalan is a place

                   outside the house and thus is accessible to villagers at large. It is

                   further submitted that no prudent person would use his own

                   premises for committing an occurrence and thus would create
Patna High Court CR. MISC. No.2990 of 2026(2) dt.28-01-2026
                                            2/3




          evidence against himself and hence would get implicated. It is

          next submitted that petitioner came to be implicated at the

          instance of the local person but then the name of the person who

          disclosed the name of the petitioner is not disclosed in the 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 for the petitioner, let 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.5,000/- (Rupees 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 Taraiya

          P.S. Case No. 282 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
           Patna High Court CR. MISC. No.2990 of 2026(2) dt.28-01-2026
                                                       3/3




                                  7. 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 one case,

                     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 one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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