Patna High Court
Manoj Kumar @ Manoj PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s antecedents, with confirmation contingent on the number of prior cases.
Summary
Manoj Kumar (Manoj Paswan) sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged liquor recovery was from a third person, Manoranjan, and not from his possession. He argued that the confessional statement of Manoranjan recorded in police custody lacks evidentiary value and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on condition of furnishing bail bonds and sureties, directing the trial court to verify his criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a third person recorded in police custody can form the basis for implicating the petitioner.
- Whether the 2018 amendment to the Excise Act eliminated the doctrine of deemed possession and presumed offender.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- deemed possession
- presumed offender
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13564 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- LAKHISARAI District- Lakhisarai
======================================================
Manoj Kumar @ Manoj Paswan Son of Rambaran Paswan Resident of Santar
Muhalla, Ward No. 13, P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which, two cases
are under the Excise Act and allegation is of recovery of 200
grams of liquor from possession of Manoranjan. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and even
alleged recovery is from Manoranjan with whom petitioner has
no concern or relation and he came to be implicated based on
confessional statement of Manoranjan in police custody which
Patna High Court CR. MISC. No.13564 of 2026(2) dt.12-03-2026
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does not have any evidentiary value. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is next submitted that
after amendment in the Excise Act in the year 2018, the concept
of deemed possession and presumed offender has been done
away with.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.15,000/- (Rupees fifteen 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 Lakhisarai P.S. Case No.29/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.13564 of 2026(2) dt.12-03-2026
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event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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