Dharo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8646 of 2026 Arising Out of PS. Case No.-311 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Dharo Manjhi Son of Late Piro Manjhi Resident of Village - Korma, P.S. - Warisaliganj, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-04-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and (d) of the Excise Act.

3. The learned counsel for the petitioner submits that the case was taken up on 17.02.2026 when the case diary along with the criminal antecedent of the petitioner was called for, but the same till date has not been received.

4. The Court will not wait endlessly for the case diary and the criminal antecedent report of the petitioner.

5. The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act

Patna High Court CR. MISC. No.8646 of 2026(3) dt.28-04-2026 2/3 and allegation is of recovery of 51 litres of liquor along with 210 litres of fermented jawa mahua from an open field.

6. The 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 alleged recovery is from a place, which does not belong to the petitioner and is accessible to public at large and he came to be implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on secret information. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding a proper investigation.

7. Learned A.P.P. opposes the anticipatory bail application.

8. 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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the

Patna High Court CR. MISC. No.8646 of 2026(3) dt.28-04-2026 3/3 sum of Rs.5,000/- (Rupees Five 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 G.O. Case No.311 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

10.

It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T