Mahendra Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12850 of 2026 Arising Out of PS. Case No.-344 Year-2025 Thana- AMNAUR District- Saran ====================================================== Mahendra Kumar Manjhi S/o Late Rajeshwar Manjhi R/o Village - Shekhpura Bhatti, Police station - Amnour, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai, Adv For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2026 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 offences punishable under Sections 30(a) and 47 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 10 litres of liquor concealed under paddy straw kept behind the straw house of the petitioner, 5 litres of liquor from a scooty and 36 litres of liquor from a bush.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of

Patna High Court CR. MISC. No.12850 of 2026(2) dt.10-03-2026 2/3 the seized scooty and the straw house is a place outside the house and thus is accessible to villagers at large. It is next submitted that it does not appear probable that petitioner would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that since petitioner has antecedent of three cases under the Excise Act as such he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is further 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. It is also submitted that petitioner earlier also came to be implicated in a similar manner in cases relating to excise.

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 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.12850 of 2026(2) dt.10-03-2026 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Amnour P.S. Case No. 344 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three 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 three cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sumit/- U T