Jai Prakash Manjhi @ Jay Prakash Manjhi @ Nanhaku Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21225 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- GARKHA District- Saran ====================================================== Jai Prakash Manjhi @ Jay Prakash Manjhi @ Nanhaku Manjhi Son of Khedan Manjhi Resident of Village- Kudarbadha, Salahan, P.S.- Garakha, Distict- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :
Mr. Akbar Ali, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2026
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 has antecedent of two cases under the Excise Act and allegation is of recovery of 2 litres of liquor from the cattle shed of Sukesh and 10.250 litres of liquor from an orchard of the petitioner.
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 orchard is a place outside the house and, thus, is accessible to villagers at large. It
Patna High Court CR. MISC. No.21225 of 2026(2) dt.01-04-2026 2/3 is further submitted that no prudent person would use his own orchard for committing an occurrence and, thus, would create evidence against himself and, hence, would get implicated. It is next submitted that it appears that someone inimical to the family of the petitioner, concealed meager amount of liquor in the orchard of the petitioner with an intent to implicate the entire family members. It is also submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation of the case.
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, 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.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 Garkha P.S. Case No. 91 of 2026, subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.21225 of 2026(2) dt.01-04-2026 3/3 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 more than two cases, 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 shall not be confirmed but if it is found on verification that petitioner has antecedent of only two cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T