Musafir Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Musafir Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks, to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Nawada, in connection with Nawada Town P.S. Case No.1037 of 2019, subject to the conditions under Section 438(2) CrPC / Section 482(2) B.N.S.S., 2023, and further subject to (i) cooperation in the investigation/trial and (ii) verification of criminal antecedents, failing which (on concealment) the Court below is to take steps for cancellation of the bail bond.

Issue for consideration

Whether the petitioner, who apprehends arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (recovery of 80 litres of country made liquor from an Ahar/open field near his house), should be granted anticipatory bail.

Ratio / Principle

Anticipatory bail granted: in the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Nawada, in connection with Nawada Town P.S. Case No.1037 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S., 2023.

Key takeaways

Release on bail is made subject to the learned Court verifying the petitioner's criminal antecedents; if the petitioner is found to have concealed his criminal antecedents, the Court below shall take steps for cancellation of the bail bond, with the verification expected to be done expeditiously without causing any delay.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted. Petitioner apprehended arrest in Nawada Town P.S. Case No.1037 of 2019 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, based on recovery of 80 litres of country made liquor from an Ahar (open field) near his house. Holding that the matter deserved bail, the Patna High Court (Smt. Soni Shrivastava, J) directed that, in the event of arrest or surrender before the Court below within four weeks, the petitioner be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Nawada, subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS, 2023, cooperation in investigation/trial, and verification of criminal antecedents by the Court below, with liberty to take steps for cancellation of the bail bond if concealment of antecedents is found.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16098 of 2025

Arising Out of PS. Case No.-1037 Year-2019 Thana- NAWADA District- Nawada

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

Musafir Manjhi Son of Late Taro Manjhi Resident of Village - Rajvanshi Tola, Ward No. 09, Nanaura, P.S. - Nagar Nawada, District - Nawada

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Verma For the Opposite Party/s : Mr.Ajay Kumar Jha ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 16-05-2025

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016

As per the prosecution case, there is a recovery of 80 litres of country made liquor from an Ahar (open field) near the house of the petitioner.

Learned counsel for the petitioner submits that the name of the petitioner has transpired on the basis of suspicion whereas the place of recovery is actually an open space which is

Patna High Court CR. MISC. No.16098 of 2025(3) dt.16-05-2025 2/3

accessible to all. There is no independent witness to the seizure list, thereby violating the mandatory provisions of search and seizure and no recovery has been made from the physical and conscious possession of the petitioner.

Learned APP for the State opposes the prayer for anticipatory bail application.

Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Nawada, in connection with Nawada Town P.S. Case No.1037 of 2019 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and and subject to the further condition that:-

(i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the

Patna High Court CR. MISC. No.16098 of 2025(3) dt.16-05-2025 3/3

petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J)

sharun/-

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