Created by Fuzzy Cloud

Patna High Court

Phuldeo ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.