Rohit ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39326 of 2026
                  Arising Out of PS. Case No.-257 Year-2022 Thana- CHAPRA MUFFASIL District- Saran
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                 Rohit Manjhi S/o- Late Lakar Manjhi R/village - Mira Mushehari, P.S. -
                 Muffasil, District – Saran at Chapra
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from a vacant land behind the

                   house of       Sanoj Mahto, 20 litres of liquor from Palani of

                   petitioner, 50 litres of liquor from Palani of Lal Babu Mahto

                   and 10 litres of liquor from Palani behind the house of Rajendra

                   Manjhi.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and Palani is a place
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          outside the house and thus is accessible to villagers at large. It is

          further 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. It is

          next submitted that it appears that someone inimical to the

          family planted meager amount of liquor with an intent to

          implicate the entire family members and the petitioner came to

          be implicated based on the secret information which is the

          easiest way to implicate someone without holding a proper

          investigation of the case, when petitioner admittedly is a person

          with clean antecedent.

                       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 appearing on behalf of the petitioner, let 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 Chapra Muffasil

          P.S. Case No. 257 of 2022, subject to the conditions as laid
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                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T