Patna High Court
Ramesh Manjhi @ Bhola Manjhi @ Santosh ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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
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