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Patna High Court

Ashlok ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner's antecedent.

Summary

Ashlok Manjhi, a resident of Goha village, sought anticipatory bail fearing arrest in a case registered under IPC Sections 272 and 273 and Bihar Excise Act Sections 30(a), 38 and 42 for allegedly recovering 450 litres of liquor from a tractor. He contended that he was not present at the spot of seizure, had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated solely on the testimony of a chowkidar with whom he has a family dispute. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his criminal record within six weeks. It further directed that if any antecedent is discovered, the bail would be cancelled, but if the petitioner is found to have a clean record, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending case under Sections 272, 273 IPC and Sections 30(a), 38, 42 Bihar Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • Bihar Excise Act
  • liquor seizure
  • clean antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85218 of 2025
                        Arising Out of PS. Case No.-211 Year-2023 Thana- ISUAPUR District- Saran
                 ======================================================
                 Ashlok Manjhi S/o Late Jaynath Manjhi R/o Village - Goha, P.S - Isuapur,
                 District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok
                 For the Opposite Party/s :        Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026               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 offences punishable under Sections 272 and

                   273 of IPC and Section 30(a), 38 and 42 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 450 litres of liquor from a tractor.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of Chowkidar but then it is submitted that if the Chowkidar was
Patna High Court CR. MISC. No.85218 of 2025(2) dt.17-01-2026
                                            2/3




          aware about the involvement of the petitioner in the occurrence,

          then why he did not inform the police prior to institution of the

          instant FIR, which casts an aspersion on the case of the

          prosecution. It is also submitted that family of the petitioner is

          on an inimical terms with the Chowkidar.

                   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 before the learned trial court

          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 Isuapur

          P.S. Case No. 211 of 2023, 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

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.85218 of 2025(2) dt.17-01-2026
                                                          3/3




                        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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