Vijendra Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Vijendra Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender before the learned trial court within six weeks, release on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and to the trial court's verification of the petitioner's criminal antecedent (bail order not to be given effect if antecedent of even one case found).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Warsaliganj P.S. Case No. 279 of 2024 for offences punishable under Sections 30(a) (d) of the Bihar Excise Act, on allegation of recovery of liquor. +1 more

Court's answer

In the event of the petitioner's arrest or surrender before the learned trial court within six weeks, he is to be released on anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail grant is expressly conditioned on the learned Trial Court verifying the petitioner's criminal antecedent before accepting the bail bonds: if the petitioner is found to have antecedent of even one case, the present anticipatory bail order shall not be given effect to.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Satyavrat Verma, J.) — oral order dt.18-09-2024 in Criminal Miscellaneous No.67565 of 2024, arising out of Warsaliganj (Nawada) P.S. Case No. 279 of 2024. Petitioner Vijendra Manjhi apprehended arrest for offences punishable under Sections 30(a) (d) of the Bihar Excise Act, on allegation of recovery of 30 liters of liquor from village Rasulpur and 5 liters of liquor from a container at village Rasulpur near a canal. Counsel argued the petitioner had clean antecedents, was not arrested from the spot, nothing was recovered from his conscious possession, and the recovery was from a place not belonging to him and accessible to the public at large, implicating him at the instance of the Chowkidar; the learned A.P.P. opposed the prayer. Court granted anticipatory bail: on arrest or surrender before the learned trial court within six weeks, petitioner to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to conditions under Section 438 (2) of the Cr.P.C.; the Trial Court is directed to verify the petitioner's criminal antecedent before accepting bail bonds, and if antecedent of even one case is found, the present anticipatory bail order shall not be given effect to.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67565 of 2024

Arising Out of PS. Case No.-279 Year-2024 Thana- WARISLIGANJ District- Nawada

======================================================

Vijendra Manjhi Son of Jamna Manjhi Resident of village - Rasalpur, P.S.Warsaliganj, District - Nawada

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Nandan Prasad For the Opposite Party/s : Mr. Syed Ehteshamuddin ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 18-09-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) (d) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 30 liters of liquor from village Rasulpur and 5 liters of liquor from a container at village Rasulpur near a canal.

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 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 at the instance of Chowkidar , but then it is submitted that police in majority of the cases implicates accused persons either at the instance of Chowkidar , local person, secret information or

Patna High Court CR. MISC. No.67565 of 2024(2) dt.18-09-2024 2/2

confessional statement in a mechanical manner without holding a proper investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 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 Warsaliganj P.S. Case No. 279 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that the learned Trial Court before accepting the 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 even one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J)

Rishabh/-

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