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Patna High Court

Munna ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of antecedents.

Summary

The petitioners, Munna Manjhi and Jully Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of ten litres of liquor from a location south of Sonachak Musahari. They argued they have clean antecedents, the liquor was not found in their possession, and the FIR lacks the name of the informant, raising doubts about the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs. 500 each with two sureties, and that the trial court verify their criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed. The decision rests on the principles of anticipatory bail under Section 482(2) of the BNSS and the lack of direct evidence linking the petitioners to the liquor.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of recovered liquor in the petitioners' possession and the lack of an informant's name in the FIR justify granting bail.
  • Whether the trial court should verify the petitioners' criminal antecedents before confirming the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39448 of 2026
                      Arising Out of PS. Case No.-158 Year-2022 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Munna Manjhi S/o Late Dhuri Manjhi Resident Of Village- Sonachak
                  Musahari, Ps- Gaurichak, Dist- Patna
           2.    Jully Manjhi @ Juli Mochi Shiv Bachan Manjhi Resident Of Village-
                 Sonachak Musahari, Ps- Gaurichak, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suresh Singh
                 For the Opposite Party/s :       Ms. Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 10 liters of liquor from a place South of Sonachak

                   Musahari.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.39448 of 2026(2) dt.22-06-2026
                                            2/3




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

          and is accessible to villagers at large and they came to be

          implicated at the instance of local person, but then the name of

          the person who disclosed the name of the petitioners is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution. It is also submitted that if Chowkidar was aware of

          the involvement of the petitioners 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.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

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

          event of their 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.

          500/- (Rupees Five Hundred) each 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

          Gaurichak P.S. Case No. 158 of 2022 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial
            Patna High Court CR. MISC. No.39448 of 2026(2) dt.22-06-2026
                                                        3/3




                      Court shall verify the criminal antecedent of the petitioners and

                      in the event if it is found that any of the petitioners have

                      antecedent of even one case then it would be presumed that

                      petitioners, for the purposes of seeking anticipatory bail, had

                      concealed their antecedent before this Court, as such, the

                      provisional anticipatory bail order shall not be confirmed with

                      respect to the petitioner who had concealed his antecedent, but

                      after verification if it is found that petitioners are persons with

                      clean antecedent in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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