Patna High Court
Munna ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
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
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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
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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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