Patna High Court
Tileshwar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent, with confirmation contingent on the antecedent check.
Summary
The petitioner, Tileshwar Manjhi, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 40 litres of liquor. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed. The order is subject to compliance with Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of recovery from the petitioner’s possession and omission of the informant’s name in the FIR affect the grant of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31438 of 2026
Arising Out of PS. Case No.-479 Year-2021 Thana- GAURICHAK District- Patna
======================================================
Tileshwar Manjhi S/o Chhotan Manjhi R/o Village - Hander Mushari, P.S. -
Gaurichak, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar Deo, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
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 has antecedent of one case under the Excise Act and
allegation is of recovery of 40 liters of liquor from a place near
Panchayat Bhawan.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.31438 of 2026(2) dt.12-05-2026
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implicated at the instance of 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.
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.
5000/- (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
Gaurichak P.S. Case No. 479 of 2021 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 more
than 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
Patna High Court CR. MISC. No.31438 of 2026(2) dt.12-05-2026
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anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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