Baiju Manjhi @ Baijnath ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37049 of 2026
                    Arising Out of PS. Case No.-153 Year-2026 Thana- NEMDARGANJ District- Nawada
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                 Baiju Manjhi @ Baijnath Manjhi S/o Shrawan Manjhi Resident of Village -
                 Bela, P.S.- Nemdarganj, District - Nawada

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr.Shankar Kumar
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases under the Excise Act

                   and allegation is of recovery of 320 litres of liquor from an E-

                   rickshaw.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized E-rickshaw and he came to be implicated based on

                   confessional statement of Sachin and Vinit in police custody
Patna High Court CR. MISC. No.37049 of 2026(2) dt.16-06-2026
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          which does not have any evidentiary value. It is next submitted

          that police in majority of cases implicating innocent persons

          either at the behest of Chaukidar, local person, secret

          information and confessional statement in a mechanical manner

          without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.20,000/- (Rupees Twenty 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 Nemdarganj P. S. Case No.153 of 2026, subject

          to the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than four cases,
               Patna High Court CR. MISC. No.37049 of 2026(2) dt.16-06-2026
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                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of four cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T