Patna High Court
Manjhlu MarandiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted subject to conditions and verification of antecedent, as the petitioner was not in conscious possession and no direct evidence linked him to the offence.
Summary
Manjhlu Marandi applied for anticipatory bail in a case registered under Sections 30(a) and 47 of the Excise Act for the alleged recovery of 36 litres of liquor from his motorcycle. He argued that he was not arrested at the spot, that the liquor was not found in his conscious possession, and that he was unaware that another person would misuse his vehicle. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent under the Excise Act. The Court noted that a prudent person would not use his own vehicle to commit a crime and that there was no direct evidence linking the petitioner to the seized liquor. Accordingly, the Court granted provisional anticipatory bail subject to a Rs.5,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedent, invoking Section 438(2) of the Cr.P.C. If more than one antecedent is found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. when the accused is not in conscious possession of the seized liquor.
- Whether the petitioner’s prior criminal antecedent under the Excise Act precludes the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 47
Subjects
- anticipatory bail
- Excise Act
- Section 438
- criminal antecedent
- bail conditions
- possession
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31824 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Manjhlu Marandi Son of Chaubey Marandi Resident of Village- Gayghat,
P.S.- Kawakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
For the Opposite Party/s : Ms.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 47 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 36 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.31824 of 2026(2) dt.12-05-2026
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motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Suraj would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with
Jitendra.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Excise Pakribarwan P. S. Case No.32 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.31824 of 2026(2) dt.12-05-2026
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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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
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