Patna High Court

Suraj Manjhi @ Suraj KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail to the petitioner subject to conditions and verification of his antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Suraj Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 21.24 litres of liquor on a scooty. He argued he had a clean antecedent, was not in possession of the scooty at the time, and the case was based solely on a confessional statement made by Imamuddin in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent within six weeks. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether a confessional statement made in police custody has evidentiary value for granting bail.
Whether the petitioner’s lack of ownership of the seized scooty affects the bail decision.

Subjects

anticipatory bail
excise law
confessional statement
clean antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91395 of 2025
                         Arising Out of PS. Case No.-330 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Suraj Manjhi @ Suraj Kumar Son of Rajesh Manjhi Resident of Village-
                 Parsagarh, P.S.- Ekma, District- Saran
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 21.24 liters of liquor from a Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized Scooty and he came to be implicated based on

                   confessional statement of Imamuddin in police custody which

                   does not have any evidentiary value.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
            Patna High Court CR. MISC. No.91395 of 2025(2) dt.12-01-2026
                                                        2/2




                                   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 Ekma P.S. Case No.

                      330 of 2025 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

                      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)
Rishabh/-

U      T

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