Patna High Court
Chundu Manjhi @ Chintu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioners, subject to bail bonds, sureties, and verification of their criminal antecedents.
Summary
The petitioners, six individuals from Nonfarawa Dhangar Toli, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Non‑Compulsory Statutes (BNS) and the Bihar Excise Act. They contended that they have clean antecedents, were not caught in possession of liquor, and the alleged seizures were from the houses of unrelated persons. The State opposed the bail, arguing the seriousness of the offences, including obstruction of police duties and damage to a government vehicle. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and sureties, and subject to verification of their criminal antecedents. It further directed that if any petitioner is found to have concealed prior cases, the bail would be withdrawn for that individual, otherwise the provisional order would be confirmed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the provisions of the Criminal Procedure Code and Section 482(2) of the Bihar Non‑Compulsory Statutes.
- Whether the allegations in the FIR constitute a sufficient ground to deny anticipatory bail.
- Whether the petitioners' claim of clean antecedent and lack of possession of contraband warrants the grant of bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(b), 30(c), 41
- Bihar Non‑Compulsory Statutes (BNS) — s. 132, 190, 191, 221, 324(4), 352, 45, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- bail conditions
- excise law
- obstruction of police
- clean antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36953 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- PATAHI District- East Champaran
======================================================
1. Chundu Manjhi @ Chintu Manjhi S/o Suresh Manjhi Resident of Village-
Nonfarawa Dhangar Toli, Police Station- Patahi, District - East Champaran.
2. Ramakant Manjhi @ Chintu Manjhi @ Ramakant Kumar, Son of Suresh
Manjhi @ Mahendra Manjhi Resident of Village- Nonfarawa Dhangar Toli,
Police Station- Patahi, District - East Champaran.
3. Budhiya Devi Wife of Sahdev Manjhi Resident of Village- Nonfarawa
Dhangar Toli, Police Station- Patahi, District - East Champaran.
4. Suraj Manjhi @ Suraj Kumar Son of Bikau Manjhi Resident of Village-
Nonfarawa Dhangar Toli, Police Station- Patahi, District - East Champaran.
5. Pradeep Manjhi @ Pradish Kumar Son of Basant Manjhi Resident of
Village- Nonfarawa Dhangar Toli, Police Station- Patahi, District - East
Champaran.
6. Rudal Manjhi @ Rudal Kumar Son of Ramawatar Manjhi Resident of
Village- Nonfarawa Dhangar Toli, Police Station- Patahi, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 221, 132,
324(4), 352, 190, 191 and 45 of BNS and Sections 30(a), 30(b),
30(c) and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.36953 of 2026(2) dt.16-06-2026
2/3
petitioners are person with clean antecedent and petitioner no. 3
is a woman and allegation is of recovery of 30 litres of liquor
and 500 litres of raw liquor from the house of Anita Devi and 20
litres of liquor from the house of Neha Devi.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from the houses of Anita Devi and Neha Devi, with
whom petitioners have no concern or relation. It is next
submitted that petitioners came to be implicated with an
allegation that they obstructed the police in discharge of their
official duties and even damaged the government vehicle. It is
further submitted that from perusal of the allegations as alleged
in the FIR, it would manifest that allegations are general and
omnibus in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
Patna High Court CR. MISC. No.36953 of 2026(2) dt.16-06-2026
3/3
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 Patahi P.S. Case No. 107 of 2026, 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 petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.