Patna High Court
Rajesh Manjhi @ Nakul Manjhi @ Rajesh SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to strict conditions and verification of his antecedents.
Summary
Petitioner Rajesh Manjhi sought anticipatory bail after learning that he might be arrested in a case involving alleged recovery of 240.87 litres of liquor from an auto, with charges under Sections 318(4), 303(2), 317(5) and 61(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not arrested on the spot, no liquor was found in his possession, and he was implicated merely as the owner of the vehicle, unaware of its misuse by another person. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties, a condition to deposit Rs.2,500 with the Lawyers’ Association, and a verification of his criminal antecedents within six weeks, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS. The order further stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences and his prior antecedent under the Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2), 317(5), 318(4), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3660 of 2026
Arising Out of PS. Case No.-282 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Rajesh Manjhi @ Nakul Manjhi @ Rajesh Sah S/o- Dhiren Manjhi Resident
of Village-Fatehpur, P.S. -Bholka, District-Malda West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offences punishable under Sections 318(4),
303(2), 317(5) and 61(2) of the BNS as well as 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 240.87 litres of liquor from an auto.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.3660 of 2026(2) dt.29-01-2026
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that Aman Ray would misuse the vehicle in
the manner as alleged who was also apprehended from the spot
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 Amdabad
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.
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
Patna High Court CR. MISC. No.3660 of 2026(2) dt.29-01-2026
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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 Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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