Patna High Court
Ashlok ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 272, 273
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
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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
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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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