Yogi Manjhi @ Yogi Majhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Yogi Manjhi @ Yogi Majhi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release on bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each upon arrest or surrender before the learned Trial Court within six weeks, subject to Section 482 (2) BNSS conditions; confirmation contingent on Trial Court verification that the petitioner has criminal antecedent of four cases only.

Issue for consideration

Whether the petitioner, apprehending arrest in Paharpur P.S. Case No. 237 of 2021 registered under Sections 30(a), (b), (c), 32, 34 and 41(1) of the Bihar Excise Act, should be released on anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Trial Court, subject to the conditions laid down under Section 482 (2) of the BNSS.

Ratio / Principle

Confirmation made conditional on verification of antecedents: the learned Trial Court shall verify the criminal antecedent of the petitioner; if more than four cases are found, it would be presumed that the petitioner concealed his antecedent before this Court and the provisional anticipatory bail order shall not be confirmed; if it is found that he has antecedent of four cases only, the provisional order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.) granted PROVISIONAL ANTICIPATORY BAIL to Yogi Manjhi @ Yogi Majhi in connection with Paharpur P.S. Case No. 237 of 2021 (East Champaran), registered for offences under Sections 30(a), (b), (c), 32, 34 and 41(1) of the Bihar Excise Act. Upon arrest or surrender before the learned Trial Court within six weeks, the petitioner was to be released on bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the conditions under Section 482 (2) of the BNSS. Confirmation of the bail order was made conditional on verification of criminal antecedents: if more than four cases are found, concealment of antecedents is presumed and the provisional order shall not be confirmed; if exactly four cases are found, the provisional order shall be confirmed forthwith. Defence submissions noted that only 5 of 25 liters of recovered liquor was allegedly traced to the petitioner's share of a joint family house (with 40 liters of Naushadhar solution destroyed), and that excise accused are often mechanically implicated without proper investigation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61520 of 2025

Arising Out of PS. Case No.-237 Year-2021 Thana- PAHARPUR District- East Champaran

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

Yogi Manjhi @ Yogi Majhi S/o Bhuteli Manjhi Resident of village- Noyeya/ Noneya Semrahiya, P.S.- Paharpur, Distt- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 06-01-2026

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 offences punishable under Sections 30(a), (b), (c), 32, 34 and 41(1) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases under the excise act and allegation is of recovery of 25 liters of liquor from hut of coaccused persons out of which 5 liters of liquor is alleged to have been recovered from the house of the petitioner along with 40 liters of Naushadhar solution was destroyed.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in

Patna High Court CR. MISC. No.61520 of 2025(3) dt.06-01-2026 2/3

question is a joint family property, as such, it cannot be alleged 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. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar , local person, confessional statement or secret information 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 Provisional anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty 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 Paharpur P.S. Case No. 237 of 2021 subject to the conditions as laid down under Section 482 (2) of the BNSS.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and

Patna High Court CR. MISC. No.61520 of 2025(3) dt.06-01-2026 3/3

in the event if it is found that petitioner has antecedent of more than four cases 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 has antecedent of four cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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