Patna High Court
Phuldeo ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Phuldeo Manjhi, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from premises adjacent to his house but not from his possession. He argued that he has a clean antecedent and the FIR does not disclose the informant, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify the grant of bail.
- Whether conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- liquor seizure
- clean antecedent
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7614 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- KOTWA District- East Champaran
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Phuldeo Manjhi S/O Late Jyotik Manjhi Resident of Village- Rajapur,
Dhubhariya(Dhurbhariya), P.S.- Kotwa District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 Sections 30(a), 32
and 41(1) of Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 10 litres of liquor from a place near the house of
petitioner and 40 litres of liquor from a place near the house of
Naresh Dhangad. It is next submitted 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
Patna High Court CR. MISC. No.7614 of 2026(2) dt.23-02-2026
2/3
his house and he came to be implicated at the instance of local
person but then the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution, when petitioner
admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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 Kotwa
P.S. Case No.340/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.7614 of 2026(2) dt.23-02-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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