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Patna High Court

Prakash Manjhi @ Prakash Ranjan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the conditions imposed under Section 482(2) of the CrPC.

Summary

The petitioner, Prakash Manjhi, sought anticipatory bail fearing arrest in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act for alleged recovery of 228 litres of liquor from a public pond. He argued that the liquor was not in his possession, the pond does not belong to him, and the only evidence against him is a confessional statement made by Bhawani while in police custody, which he claimed lacks evidentiary value. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. The court stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional bail would be confirmed. The order was made subject to the inherent powers of the High Court under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under IPC Sections 272, 273 and Bihar Excise Act Section 30(a).
  • Whether the confessional statement of a co-accused made in police custody can form a basis for denying anticipatory bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 272
  • IPC 273
  • Bihar Excise Act
  • confessional statement
  • criminal antecedent
  • Section 482 CrPC
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38033 of 2026
                     Arising Out of PS. Case No.-158 Year-2017 Thana- LAUKAHA District- Madhubani
                 ======================================================
                 Prakash Manjhi @ Prakash Ranjan Yadav son of Navin Kumar Manjhi
                 Resident of Village -Chaturbhuj Piprahi PS- Laukaha Distt- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratnakar Jha
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha
                 ======================================================
                 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.

                             2.    The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 272 and 273 of IPC and

                   Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 228 litres of liquor from a pond.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner and

                   is accessible to public at large and he came to be implicated based on

                   confessional statement of Bhawani in police custody which does not

                   have any evidentiary value.
              Patna High Court CR. MISC. No.38033 of 2026(2) dt.17-06-2026
                                                          2/2




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

                        anticipatory bail of the petitioner.

                                 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 trial court within a period of

                        six weeks from today, be released on Provisional anticipatory bail on

                        furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Laukaha P.S. Case No. 158 of 2017 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 petitioner and in the event

                        if it is found that petitioner has antecedent of more than two cases

                        then it would be presumed that petitioner, for the purposes of seeking

                        anticipatory bail, had concealed his antecedent before this Court, as

                        such, the provisional anticipatory bail order shall not be confirmed,

                        but after verification if it is found that petitioner has antecedent of

                        two cases in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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