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Patna High Court

Vakil ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged recovery of 110 litres of liquor was from a location not owned by him and that a hostile watchman had implicated him. He claimed a clean antecedent and that no liquor was found in his possession at the time of arrest. The State opposed the bail. The Court, after hearing counsel, granted provisional anticipatory bail for six weeks upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s criminal antecedents by the trial court. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are applicable to the anticipatory bail order

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36986 of 2026
                 Arising Out of PS. Case No.-369 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Vakil Manjhi S/o Aklu Manjhi Resident of Village- Vishunpur Tara, Gulwara
                 Madhuban, P.O.- Madhuban, P.S.- Madhuban, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pawan Kumar
                 For the Opposite Party/s :      Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  1. Heard learned counsel for the petitioner through

                   virtual mode and learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 110 litres of liquor from different gallons. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and he came to be implicated at the instance of

                   chowkidar with whom he is on an inimical term. It is also

                   submitted that if chowkidar was aware of the involvement of the
Patna High Court CR. MISC. No.36986 of 2026(2) dt.29-06-2026
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          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.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Madhuban P.S. Case No.369/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.36986 of 2026(2) dt.29-06-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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