Rajendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75261 of 2025 Arising Out of PS. Case No.-457 Year-2025 Thana- BEUR District- Patna ====================================================== Rajendra Manjhi S/o Gongal Manjhi R/O- Hasanpura Musahari, P.S.- Beur, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025
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 32 of the Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 38 litres of liquor from the courtyard of the petitioner.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the house in question of which the courtyard forms part is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the
Patna High Court CR. MISC. No.75261 of 2025(2) dt.12-11-2025 2/3 courtyard or the liquor kept in the courtyard was within his knowledge. It is next submitted that petitioner came to be implicated based on the disclosure made by 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 when petitioner admittedly is a person with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let 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.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 Beur P.S. Case No. 457 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. 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
Patna High Court CR. MISC. No.75261 of 2025(2) dt.12-11-2025 3/3 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 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T