Panchdev Kumar @ Panch @ Panchu Manjhi @ Panchdev ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32961 of 2026
                         Arising Out of PS. Case No.-306 Year-2025 Thana- BHELDI District- Saran
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                 Panchdev Kumar @ Panch @ Panchu Manjhi @ Panchdev Manjhi S/o Late
                 Badri Manjhi R/o Village- Bheldi Tola, P.S.- Bheldi, District- Saran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Ashad
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026               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 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 30 litres of liquor concealed under husk near house

                   of the petitioner and 12 litres of liquor from a sack near the

                   house of Devnath Manjhi.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner
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          but then is adjacent to his house 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 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.

                   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 Bheldi P.S. Case No. 306 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
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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)
Sumit/-

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