Patna High Court
Hridaya ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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