Created by Fuzzy Cloud

Patna High Court

Ramesh Manjhi @ Bhola Manjhi @ Santosh ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions of Section 438(2) CrPC.

Summary

The petitioner, Ramesh Manjhi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in anticipation of arrest in a case registered under Section 30(a) of the Excise Act for alleged possession of liquor. The petitioner argued that the liquor was recovered from his shop and a nearby snack shop, and that he was not caught in the act, contending that no prudent person would use his premises to commit a crime. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if the petitioner is found to have more than one prior case, the provisional bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The application was therefore allowed, granting provisional anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
  • Whether the petitioner’s criminal antecedent affects the grant or confirmation of anticipatory bail
  • Whether the conditions imposed under Section 438(2) CrPC are satisfied

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor possession
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45926 of 2026
                        Arising Out of PS. Case No.-145 Year-2026 Thana- ISUAPUR District- Saran
                 ======================================================
                 Ramesh Manjhi @ Bhola Manjhi @ Santosh Manjhi S/O Rajendra Manjhi
                 R/O Vill.- Isuapur, P.s.- Isuapur, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dheeraj Kumar
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 4.750 litres of liquor from shop

                   of petitioner and 1.470 litres of liquor from a snack shop.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and shop is a place

                   where customers in large number come and it might be a

                   possibility that a customer fearing police might have left the
Patna High Court CR. MISC. No.45926 of 2026(2) dt.09-07-2026
                                            2/3




          bottle at the shop. It is next submitted that no prudent person

          would use his own premises for committing a crime and thus,

          would create evidence against himself and hence, would get

          implicated.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Isuapur P. S. Case No.145 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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
               Patna High Court CR. MISC. No.45926 of 2026(2) dt.09-07-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.