Patna High Court
Yogi Manjhi @ Yogi MajhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Yogi Manjhi, was implicated in a case under the Bihar Excise Act for alleged possession of liquor recovered from a joint family house, with the prosecution alleging recovery of 5 litres of liquor and 40 litres of Naushadhar solution. The petitioner argued that the liquor was not in his conscious possession, the house is joint family property, and he had no knowledge of the liquor. He also disclosed an antecedent of four prior excise cases, contending that the police investigation was mechanically initiated without proper inquiry. The court considered the petitioner's submissions and, under Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail subject to a bond of Rs.20,000 and two sureties, pending verification of his criminal antecedent. The order stipulated that if the petitioner is found to have more than four prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession of liquor and his prior criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor possession
- joint family property
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61520 of 2025
Arising Out of PS. Case No.-237 Year-2021 Thana- PAHARPUR District- East Champaran
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Yogi Manjhi @ Yogi Majhi S/o Bhuteli Manjhi Resident of village- Noyeya/
Noneya Semrahiya, P.S.- Paharpur, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a), (b),
(c), 32, 34 and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the excise act and
allegation is of recovery of 25 liters of liquor from hut of co-
accused persons out of which 5 liters of liquor is alleged to have
been recovered from the house of the petitioner along with 40
liters of Naushadhar solution was destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
Patna High Court CR. MISC. No.61520 of 2025(3) dt.06-01-2026
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question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
knowledge. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty 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
Paharpur P.S. Case No. 237 of 2021 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.61520 of 2025(3) dt.06-01-2026
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in the event if it is found that petitioner has antecedent of more
than four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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