Patna High Court
Mukesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted anticipatory bail, subject to bond, sureties, and verification of antecedent.
Summary
Mukesh Manjhi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 50 litres of liquor from a place adjacent to his house. The petitioner claimed he was not in possession of the liquor and that the complaint was motivated by an antagonistic watchman. He disclosed three prior cases under the Excise Act. The High Court, after hearing counsel for both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and deposit Rs.5,000 with the Lawyers’ Association, subject to verification of his criminal antecedent. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act when the petitioner has three prior Excise cases.
- Whether the absence of possession of the alleged liquor and the alleged motive of a hostile watchman affect the grant of anticipatory bail.
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6339 of 2026
Arising Out of PS. Case No.-700 Year-2025 Thana- GARKHA District- Saran
======================================================
Mukesh Manjhi S/o Dipti Manjhi R/o Village - Babhanaiya, P.S - Garkha,
District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhileshwar Pandey
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 three cases under the Excise Act
and allegation is of recovery of 50 litres of liquor from a place
behind the house of the petitioner.
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 even alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house and he came to be
Patna High Court CR. MISC. No.6339 of 2026(2) dt.04-02-2026
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implicated at the instance of Chaukidar with whom he is on an
inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioners in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
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.15,000/- (Rupees Fifteen 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 ABP No.3947 of 2025 arising out of Garkha P. S. Case
No.700 of 2025, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.6339 of 2026(2) dt.04-02-2026
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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 three cases,
then it would be presumed that petitioner for the purposes of
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 three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Lawyers’ Association, Patna High Court, Patna within a period
of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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