Patna High Court

CR. MISC./47782/2026 of Manoj Manjhi Vs The State of Bihar on 15 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47782 of 2026 Arising Out of PS. Case No.-405 Year-2026 Thana- KADAMKUAN District- Patna ====================================================== Manoj Manjhi S/o Late Chanesar Manjhi R/o Dhibra, P.S.- Parsa Bazar, Distt.- Patna, A /P- Railway

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47782 of 2026

Arising Out of PS. Case No.-405 Year-2026 Thana- KADAMKUAN District- Patna ======================================================

Manoj Manjhi S/o Late Chanesar Manjhi R/o Dhibra, P.S.- Parsa Bazar, Distt.- Patna, A/P- Railway Hunter Road East Lohanipur, P.S.- Kadamkuan, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Nityanand Kumar, Advocate

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

15-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. 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.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 46 litres of liquor from a garbage near the railway line.

4. 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 people at large. It is further submitted that Patna High Court CR. MISC. No.47782 of 2026(2) dt.15-07-2026

petitioner came to be implicated at the instance of the local person but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

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

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let 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.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 Kadamkuan P.S. Case No. 405 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, 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 even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order Patna High Court CR. MISC. No.47782 of 2026(2) dt.15-07-2026

shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

Kundan/- (Satyavrat Verma, J) U T

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