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Patna High Court

Chhote Manjhi @ Chhotu ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.

Summary

The petitioner, Chhote Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 30 litres of liquor recovered from his house, which is a joint family property. He argued that he has a clean antecedent, was not arrested at the spot, and that the concept of deemed possession was abolished by the 2018 amendment, making it uncertain that he had knowledge of the liquor. The State opposed his application for anticipatory bail. The Court considered the submissions and, under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with a six‑week window for surrender. The order also directed the trial court to verify the petitioner’s antecedent; if any prior case is found, the bail may be revoked, otherwise it will be confirmed. The decision balances the petitioner’s claim of innocence with procedural safeguards.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of joint family property and lack of direct possession.
  • Whether the amendment removing the concept of deemed possession affects the liability of the petitioner.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12285 of 2026
                       Arising Out of PS. Case No.-972 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Chhote Manjhi @ Chhotu Manjhi S/o Neno Manjhi R/o vill - Chapaur
                 Mushari, P.S.- Lahsuna, Distt.- Patna
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 30 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

                   was within his knowledge and after amendment in the Excise
Patna High Court CR. MISC. No.12285 of 2026(2) dt.27-02-2026
                                            2/3




          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 Chawkidar with whom he is on an inimical term.

                       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.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 Masaurhi P.S. Case No. 972 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

          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
           Patna High Court CR. MISC. No.12285 of 2026(2) dt.27-02-2026
                                                       3/3




                     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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