Patna High Court
Suresh Manjhi @ Suresh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions, with final confirmation dependent on verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Suresh Manjhi, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged possession of 100 litres of liquor recovered from his joint family house. He contended that the liquor was not found in his conscious possession, that the house is jointly owned, and that there was no direct evidence linking him to the contraband. The State opposed the bail, arguing the seriousness of the offences under Sections 30(a), 32 and 41(1) of the Excise Act. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a Rs.5,000 bail bond, two sureties, and a requirement to deposit Rs.2,500 with the Advocates’ Association. The order also stipulated that the trial court verify the petitioner’s criminal antecedents, with confirmation of bail contingent on finding only one prior case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the absence of liquor in the petitioner’s conscious possession and the joint family ownership of the premises preclude the issuance of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- joint family property
- bail conditions
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3860 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Suresh Manjhi @ Suresh Mahto S/o Late Ramprit Manjhi Resident of
Village-Barwadih Dhanger Toli, Police Station-Adapur, District-East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 30(a), 32
and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 100 liters of liquor from the house of
the petitioner and Nandlal Manjhi.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.3860 of 2026(2) dt.29-01-2026
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with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
knowledge. It is next submitted that no prudent person would
use his own premises for committing an occurrence and thus
would create evidence against himself and hence would get
implicated and he came to be implicated at the instance of
Chowkidar and local person, but then it is submitted that if
Chowkidar and local person were aware of the involvement of
the petitioner in the occurrence then why they did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
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.
5,000/- (Rupees Five 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 Adapur
P.S. Case No. 387 of 2025 subject to the conditions as laid down
Patna High Court CR. MISC. No.3860 of 2026(2) dt.29-01-2026
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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 one case 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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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