Patna High Court
Pappu Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Pappu Kumar Manjhi, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for alleged possession of liquor recovered from his joint family house and another's house. He argued he had a clean antecedent, the liquor was not in his conscious possession, and the concept of deemed possession had been abolished after the 2018 amendment, contending that the allegation stemmed from a hostile watchman. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and conditions under Section 482(2) of the CrPC. The order stipulated that if any prior case is found, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the concept of deemed possession applies post the 2018 amendment of the Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- clean antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11898 of 2026
Arising Out of PS. Case No.-718 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Pappu Kumar Manjhi Son of Birendra Manjhi R/o Village - Noor Nagar, P.S.-
Jalalpur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from house of the petitioner and 6
litres of liquor from house of Pankaj Mahto. It is next submitted
that petitioner was not arrested from the spot, as such, nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.11898 of 2026(2) dt.24-02-2026
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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 and he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned 2 nd Exclusive
Special Excise Judge, Saran at Chapra in connection with
Marhowrah P.S. Case No.718 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.11898 of 2026(2) dt.24-02-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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