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Patna High Court

Baban ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail, granting provisional bail subject to verification of antecedents and compliance with conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Baban Manjhi, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 26 litres of liquor were recovered from a motorcycle he owned. He argued that he was not in possession of the liquor, had no knowledge of its misuse by another person, and that ownership of the vehicle alone should not constitute sufficient grounds for arrest. The State opposed the bail, contending that the petitioner was implicated in the offence. The High Court, considering the submissions, granted provisional anticipatory bail on a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents and compliance with conditions under Section 482(2) of the CrPC. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the High Court Legal Services Committee.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite alleged involvement in an excise offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether mere ownership of the vehicle used for the alleged offence suffices to justify arrest and denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6212 of 2026
                    Arising Out of PS. Case No.-260 Year-2025 Thana- Excise Arwal District- Jehanabad
                 ======================================================
                 Baban Manjhi Son of Mahangu Manjhi Resident of Village- Newana PO-
                 Vajitpur PS -Karpi, Dist- Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 26 litres of liquor from a motorcycle.

                   It is next submitted that petitioner was not arrested from the

                   spot, as such, nothing was recovered from his conscious

                   possession and he came to be implicated based on the fact that

                   he is owner of seized vehicle. It is next submitted that no

                   prudent person would use his own vehicle for committing an

                   occurrence and thus, would create evidence against himself and
Patna High Court CR. MISC. No.6212 of 2026(2) dt.04-02-2026
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          hence, would get implicated. It is also submitted that petitioner

          was completely unaware that Mithun Manjhi would misuse the

          vehicle in the manner as alleged, who was also apprehended

          from the spot.

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

          application.

                       5. 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-bond in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No.-II, Jehanabad in connection with

          Arwal Excise P.S. Case No.260 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

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

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedents of more than two cases,

          then it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.6212 of 2026(2) dt.04-02-2026
                                                           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 antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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