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

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

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner to be released on arrest or surrender within six weeks on furnishing bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the trial court, in connection with Kotwa P.S. Case No.107 of 2026, subject to conditions under Section 482(2) BNSS; confirmation of the provisional order dependent on the trial court's verification of criminal antecedents (confirmed forthwith if two cases; not confirmed if more than two cases found).

Issue for consideration

Whether the petitioner, apprehending arrest in connection with the case arising out of Kotwa P.S. Case No.107 of 2026 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail.

Court's answer

Provisional anticipatory bail granted: considering counsel's submissions, the petitioner, in the event of his arrest or surrender within six weeks, is to be released on furnishing bail bonds of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the trial court, subject to the conditions laid down under Section 482(2) of the B.N.S.S., in connection with Kotwa P.S. Case No.107 of 2026.

Ratio / Principle

Confirmation of the provisional anticipatory bail order is made contingent on the trial court's verification of the petitioner's criminal antecedents: if on verification it is found that the petitioner has antecedent of two cases, the provisional anticipatory bail order shall be confirmed forthwith.

Key takeaways

If verification shows the petitioner has antecedent of more than two cases, it would be presumed that he concealed his antecedents before this Court, and in that event the provisional anticipatory bail order shall not be confirmed.ratio¶¶23

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, S. 30(a) — case arising out of Kotwa P.S. Case No.107 of 2026, East Champaran — petitioner alleged to be involved in recovery of 45 litres of liquor from behind the house of Rajendra and 45 litres from his own house; plea that he was not arrested from the spot, the house is joint family property, and after the 2018 amendment to the Excise Act the concepts of deemed possession and presumed offender stand done away with; implication said to be at the instance of a chowkidar on inimical terms — Held: provisional anticipatory bail granted; petitioner, on arrest or surrender within six weeks, to be released on bond of Rs.10,000 with two like sureties, subject to Section 482(2) BNSS conditions — trial court to verify criminal antecedents; provisional order to be confirmed forthwith if antecedents are of two cases, but not confirmed if more than two cases are found, concealment being presumed. (Satyavrat Verma, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46385 of 2026

Arising Out of PS. Case No.-107 Year-2026 Thana- KOTWA District- East Champaran

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

Lalan Manjhi Son of Late Jay Govind Manjhi Resident of Village - Jagiraha, Mushahari Tola, P.S.- Kotwa, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Suresh Prasad Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 14-07-2026

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 Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 45 litres of liquor from a place behind the house of Rajendra and 45 litres of liquor from house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property as such it cannot be alleged

Patna High Court CR. MISC. No.46385 of 2026(2) dt.14-07-2026 2/3

with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is also submitted that it does not appear probable that chowkidar would have known who had concealed the liquor.

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 within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Kotwa P.S. Case No.107 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than

Patna High Court CR. MISC. No.46385 of 2026(2) dt.14-07-2026 3/3

two cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of two cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/-

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