Created by Fuzzy Cloud

Patna High Court

Hridaya ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.

Summary

The petitioner, Hridaya Manjhi, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, concerning the recovery of 9.8 litres of liquor from a public bush, of which only 0.4 litre was linked to two other accused. The petitioner argued that he had no possession of the liquor, was not arrested at the spot, and the allegation rested solely on a confessional statement made by an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, directing the trial court to verify the petitioner’s antecedents before confirming the bail. If any prior case is found, the bail would be presumed concealed and not confirmed; otherwise, it would be confirmed immediately. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances described
  • Whether the confessional statement of an accused in police custody can form the basis for arrest
  • Whether the petitioner’s lack of possession and clean antecedent justify bail

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • excise law
  • clean antecedent
  • confessional statement
  • Section 30(a)
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84901 of 2025
                     Arising Out of PS. Case No.-468 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Hridaya Manjhi S/O Late Dukhi Manjhi R/O Village- Dumar Narendra, P.S-
                 Bhore, Distt.- Gopalganj.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Priya Raj
                 For the Opposite Party/s :        Mr. Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9.800 litres of liquor from a bush, out of which .400

                   litre was recovered from possession of two accused persons. It

                   is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and even the alleged recovery is from a place which does not

                   belong to the petitioner and is accessible to public at large and

                   he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.84901 of 2025(3) dt.20-01-2026
                                            2/3




          apprehended accused in police custody which does not have any

          evidentiary value.

                       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 Excise

          P.S. Case No.468/2025, 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

          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
             Patna High Court CR. MISC. No.84901 of 2025(3) dt.20-01-2026
                                                         3/3




                       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.