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Patna High Court

NAGENDRA MANJHIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Nagendra Manjhi, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged possession of liquor recovered from a joint family house. He argued that he had no conscious possession, the liquor could belong to other family members, and that the post‑2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering the clean antecedent claim and the factual disputes, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further directed the trial court to verify the petitioner’s criminal antecedent; if any case is found, the bail may be revoked, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act where alleged possession is in a joint family house and no conscious possession is established.
  • Whether the concepts of deemed possession and presumed offender are applicable after the 2018 amendment to the Excise Act.
  • Whether the petitioner’s claim of a clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • joint family property
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1176 of 2026
                   Arising Out of PS. Case No.-369 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 NAGENDRA MANJHI S/o- Vishwanath Manjhi Resident of village-
                 Ramsiriya Mushar Toli PS- Malahi District-East Champaran
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  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.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from the house of Anju and 40

                   litres of liquor from the house 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. It is further submitted

                   that the house in question 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 house or the liquor kept in the house
Patna High Court CR. MISC. No.1176 of 2026(2) dt.20-01-2026
                                            2/3




          was within his knowledge and after amendment in the Excise

          Act in the year 2018, the concept of deemed possession and

          presumed offender has been done away with. It is next

          submitted that 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 when petitioner

          admittedly is a person with clean antecedent.

                       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 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 Malahi

          P.S. Case No. 369 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if
           Patna High Court CR. MISC. No.1176 of 2026(2) dt.20-01-2026
                                                       3/3




                     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 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)

Kundan/-

U     T


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