Bablu Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Bablu Manjhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender before the learned trial court within six weeks on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C./482(2) BNSS conditions, with confirmation contingent on the trial court's verification of the petitioner's criminal antecedents (confirmed forthwith if antecedents are only three; not confirmed, as concealed antecedent, if more than three).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Barhat P.S. Case No. 97 of 2024 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. +1 more

Court's answer

Provisional anticipatory bail granted: in the event of his arrest or surrender before the learned trial court within a period of six weeks, the petitioner is to be released on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

Ratio / Principle

The learned trial court shall thereafter verify the petitioner's criminal antecedents; if it is found that the petitioner has antecedent of more than three cases, it would be presumed that the petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application, and in that event the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, on verification, the petitioner is found to have antecedent of only three cases, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

PATNA HIGH COURT (Satyavrat Verma, J.), Criminal Miscellaneous No. 1460 of 2026, decided 21-01-2026 - Anticipatory bail - Bihar Prohibition and Excise (Amendment) Act, 2022, S. 30(a) - Petitioner apprehending arrest in Barhat P.S. Case No. 97 of 2024 (alleged recovery of 85 litres of liquor from a motorcycle owned by him; petitioner not arrested from the spot; three Excise Act antecedents disclosed) granted PROVISIONAL anticipatory bail: to surrender before the learned trial court within six weeks and furnish bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS. Trial court directed to verify criminal antecedents: if more than three cases found, antecedents deemed concealed before this Court at para 3 of the application and provisional bail order NOT to be confirmed; if only three cases found, provisional order to be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1460 of 2026

Arising Out of PS. Case No.-97 Year-2024 Thana- BARHAT District- Jamui

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

Bablu Manjhi S/O Nakul Manjhi R/O Vill - Katka, P.S- Barhat, Dist- Jamui

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P. ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 21-01-2026

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 85 litres of liquor from a motorcycle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence

Patna High Court CR. MISC. No.1460 of 2026(2) dt.21-01-2026 2/3

would get implicated. It is also submitted that petitioner was completely unaware that Arvind Kumar would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with Jitendra Murmu.

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, let 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.15,000/- (Rupees Fifteen 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 Barhat P.S. Case No. 97 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than three cases, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail

Patna High Court CR. MISC. No.1460 of 2026(2) dt.21-01-2026 3/3

application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Kundan/-

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