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Patna High Court

Chandan Manjhi @ Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties, verification of antecedents, and a deposit with the Legal Services Committee.

Summary

The petitioner, Chandan Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 45 litres of liquor from a bush not in his possession. He argued that the police implicated him mechanically based on a chawkidar's information without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond with two sureties, compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS, and a condition to deposit Rs.2,500 with the High Court Legal Services Committee. The order also directed the trial court to verify the petitioner’s criminal antecedent and confirm or cancel the bail accordingly.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged lack of possession and the manner of police investigation justify granting bail.
  • Whether the conditions imposed, including verification of antecedents, are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions
  • antecedent verification
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6222 of 2026
                    Arising Out of PS. Case No.-130 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Chandan Manjhi @ Chandan Kumar S/O Balchand Manjhi Resident of at
                 Jayant Nagar, Mushari, P.S.- Warsaliganj, Dist.- Nawada.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 45 litres of liquor from a bush.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner.

                   It is further submitted that petitioner came to be implicated at

                   the instance of the Chawkidar but then it is submitted that once

                   an accused is implicated in a case relating to excise the police
Patna High Court CR. MISC. No.6222 of 2026(2) dt.04-02-2026
                                            2/3




          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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.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

          Warsaliganj P.S. Case No. 130 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.6222 of 2026(2) dt.04-02-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case 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.2,500/- with the High Court Legal

                     Services Committee, Patna within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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