Patna High Court
Khardev Manjhi @ Hardev ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court exercised its inherent powers under Section 482(2) of the CrPC to grant provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents.
Summary
The petitioners, five residents of Shaikhodevra village, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, concerning alleged recovery of 100 litres of liquor and large quantities of Jawa Mahua from a forest area. They contended that the seized liquor was not in their conscious possession, the location did not belong to them, and the only incriminating evidence was confessional statements of their wives made while in police custody, which they claimed were coerced and lack evidentiary value. The State opposed the bail, arguing the seriousness of the offence. Justice Satyavrat Verma, invoking the inherent powers of the High Court under Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and sureties, and on verification of their criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would be presumed concealed and could be withdrawn, whereas a clean record would lead to confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether confessional statements of the petitioners' wives made in police custody are admissible as evidence.
- Whether the mere recovery of liquor from a forest area not owned by the petitioners justifies arrest.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482 CrPC
- confessional statements
- evidentiary value
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44362 of 2026
Arising Out of PS. Case No.-147 Year-2026 Thana- KAUWAKOL District- Nawada
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1. Khardev Manjhi @ Hardev Manjhi S/o Ghuman Manjhi Resident of Village
- Shaikhodevra, PS - Kawakol, District - Nawada
2. Kharthu Manjhi S/o Ghuman Manjhi Resident of Village - Shaikhodevra, PS
- Kawakol, District - Nawada
3. Sundar Devi @ Surbudha Devi W/o Saryug Manjhi Resident of Village -
Shaikhodevra, PS - Kawakol, District - Nawada
4. Ram Lal Manjhi S/o Rajo Manjhi Resident of Village - Shaikhodevra, PS -
Kawakol, District - Nawada
5. Koshila Devi @ Kauslya Devi W/o Yogendra Manjhi Resident of Village -
Shaikhodevra, PS - Kawakol, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan Kumar
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 100 litres of liquor from a forest area along with
7500 litres of Jawa Mahua, which was destroyed and 22.750
Patna High Court CR. MISC. No.44362 of 2026(2) dt.07-07-2026
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litres of liquor was recovered from bushes and 10,000 litres of
Jawa Mahua solution was destroyed at the spot. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
even alleged recovery is from a place which does not belong to
the petitioners and is accessible to villagers at large and they
came to be implicated based on confessional statement of their
wives in police custody which does not have any evidentiary
value. It is also submitted that wives of the petitioners were
pressurized to take name of their husbands, when petitioners
admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) 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 Kawakol P.S. Case No.147/2026, subject to
the conditions as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.44362 of 2026(2) dt.07-07-2026
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B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification 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)
amit/-
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