Patna High Court
Lalbabu Manjhi @ Lala Babu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
Lalbabu Manjhi, a resident of Chitnawan Mushari, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged possession of 105 litres of liquor and 2,000 litres of Jawa Mahua that were seized and destroyed. He contended that the liquor was stored in a joint‑family house, that he had no conscious possession or knowledge, and that the case was based on a complaint by the chowkidar without proper investigation. The State opposed the bail, highlighting his prior four excise cases. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs 20,000 with two sureties and directed verification of his criminal antecedents. It stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be made final. The order was issued under Section 482(2) of the BNSS, emphasizing the need for a thorough antecedent check before confirming bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged possession of excisable liquor.
- Whether the joint‑family ownership of the premises negates the petitioner’s knowledge and control over the seized liquor.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66569 of 2025
Arising Out of PS. Case No.-253 Year-2022 Thana- MANER District- Patna
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Lalbabu Manjhi @ Lala Babu Manjhi Son of Late Dohabhi Manjhi @
Yugeshwar Manjhi Resident of Village - Chitnawan Mushari, P.S.- Maner,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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),
30(c), 32(iii), 34, 36 and 41 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 105 liters of liquor from the house of
the petitioner apart from other recoveries as recorded in the FIR
along with 2000 liters of Jawa Mahua which 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.66569 of 2025(3) dt.07-01-2026
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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 and he came to be implicated at the instance of
Chowkidar, but then it is 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
Maner P.S. Case No. 253 of 2022 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioner and
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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