Patna High Court
Vakil ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail should be granted, subject to verification of the petitioner’s antecedents and compliance with the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
The petitioner, a resident of Murli Sirasia, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 62 litres of liquor. He argued that he had a clean antecedent, that the liquor was recovered from a location not belonging to him, and that a hostile chowkidar had implicated him without any material being found in his possession. The State opposed the bail, contending that the allegations warranted detention. Justice Satyavrat Verma granted provisional anticipatory bail, conditioning it on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s alleged clean antecedent and lack of possession of the liquor justify anticipatory bail?
- Whether the conditions imposed under Section 482(2) of the Bihar Negotiable... (B.N.S.S.) are proper for confirming or cancelling the provisional bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- bail bond
- surety
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37477 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- BHELDI District- Saran
======================================================
Vakil Manjhi S/o Late Prabhu Manjhi R/o - Murli Sirasia, P.S - Bheldi,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
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 62 litres of liquor from a place near Bagwani of
Sirisia. 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
Patna High Court CR. MISC. No.37477 of 2026(2) dt.17-06-2026
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involvement of the 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 Bheldi P.S. Case No.329/2025, 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
antecedent, in that event the provisional anticipatory bail order
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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