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Patna High Court

Chundu Manjhi @ Chintu ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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 It further directed that if any petitioner is found to have concealed prior cases, the bail would be withdrawn for that individual, otherwise the provisional order would be confirmed.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

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
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          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


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