Patna High Court
Vijay ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent under Section 482(2) of the BNSS.
Summary
Vijay Manjhi was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of five litres of liquor from a house adjacent to his own. He was not arrested at the scene and no liquor was found in his possession. The petitioner, who has a clean criminal record, argued that the allegation was based on secret information and that the liquor was stored in a joint family property, making it uncertain that he had knowledge of it. The State opposed his request for anticipatory bail. The court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act given the circumstances of the allegation.
- Whether the lack of arrest and absence of liquor in the petitioner's possession justify granting provisional anticipatory bail.
- Whether the trial court should verify the petitioner's criminal antecedent before confirming the bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7700 of 2026
Arising Out of PS. Case No.-765 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Vijay Manjhi S/o- Godar Manjhi R/v- Hathiyar Bhui Toli Ps- Bodh Gaya
Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabia Gulnaz
For the Opposite Party/s : Ms.Gulnar Begum
======================================================
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, Ms. Gulnar Begum.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from a house situated adjacent to
the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a house which is a joint family property as
such it cannot be alleged with certainty that it was petitioner
Patna High Court CR. MISC. No.7700 of 2026(2) dt.23-02-2026
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who had kept the liquor in the house or the liquor kept in the
house was within knowledge of the petitioner. It is further
submitted that he came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation, when petitioner
admittedly is as person with clean antecedent.
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 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 Bodhgaya P.S. Case No. 765 of 2025, subject
to the conditions as laid down under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.7700 of 2026(2) dt.23-02-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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