Patna High Court
Chandan Manjhi @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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