Patna High Court
Dharo ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Dharo Manjhi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in anticipation of arrest for alleged offences under Sections 30(a) and (d) of the Excise Act involving the recovery of liquor and fermented fruit. He argued that the case diary and his criminal antecedent report had not been produced, that the alleged recovery was from a public field and not in his possession, and that the FIR lacked the name of the informant, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offences. The Court, noting the lack of concrete evidence and the petitioner’s willingness to furnish bail bonds, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of his criminal antecedent. The order stipulated that if more than one prior case is found, the bail would be withdrawn; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in the absence of a case diary and criminal antecedent report.
- Whether the alleged recovery of liquor from a public field justifies arrest and denial of bail.
- Whether the lack of disclosure of the informant in the FIR undermines the prosecution's case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(d)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- criminal antecedent
- bail conditions
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8646 of 2026
Arising Out of PS. Case No.-311 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Dharo Manjhi Son of Late Piro Manjhi Resident of Village - Korma, P.S. -
Warisaliganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 28-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and (d) of the Excise Act.
3. The learned counsel for the petitioner submits that
the case was taken up on 17.02.2026 when the case diary along
with the criminal antecedent of the petitioner was called for, but
the same till date has not been received.
4. The Court will not wait endlessly for the case diary
and the criminal antecedent report of the petitioner.
5. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
Patna High Court CR. MISC. No.8646 of 2026(3) dt.28-04-2026
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and allegation is of recovery of 51 litres of liquor along with
210 litres of fermented jawa mahua from an open field.
6. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even 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
at the instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution, when
petitioner has not been implicated based on secret information.
It is next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
Patna High Court CR. MISC. No.8646 of 2026(3) dt.28-04-2026
3/3
sum of Rs.5,000/- (Rupees Five Thousand) 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 G.O. Case No.311 of 2021, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
10. It is made clear that the learned trial Court
after accepting the provisional bail bonds of the petitioner shall
verify the criminal antecedent of the petitioner and in the event,
if it is found that petitioner has antecedent of more than one
case, then it would be presumed that petitioner for the purposes
of obtaining anticipatory bail had concealed his antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioner has antecedent of one case
only, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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