Patna High Court
Bindeshwar Manjhi @ Vindeshwar Manjhi @ Bada Manjhi @ Vineshar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
In the absence of proof of possession and given the petitioners' clean antecedent, the Court held that provisional anticipatory bail may be granted subject to verification of antecedent.
Summary
The petitioners, three residents of Eastern Katorwa, applied for anticipatory bail after a FIR under Section 30(a) of the Bihar Excise Act alleged that 20 litres of liquor were recovered from their jointly owned house. They argued that they have no prior criminal record, that the liquor was not in their conscious possession, and that the recent amendment to the Excise Act has abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering the clean antecedent of the petitioners and the lack of proof of actual possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify their antecedent within six weeks. If any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where possession of liquor is not proven.
- Whether the amendment removing deemed possession and presumed offender affects the liability of the accused.
- Whether the petitioners' clean criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- presumed offender
- clean antecedent
- provisional bail
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13947 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- BODHGAYA District- Gaya
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1. Bindeshwar Manjhi @ Vindeshwar Manjhi @ Bada Manjhi @ Vineshar
Manjhi Son of Late Fudani Manjhi R/o Village - Eastern Katorwa, P.S. -
Bodh Gaya, Dist. - Gaya Jee.
2. Gola Manjhi @ Thakur Manjhi Son of Late Fudani Manjhi R/o Village -
Eastern Katorwa, P.S. - Bodh Gaya, Dist. - Gaya Jee.
3. Nanhaka Manjhi @ Nanka Manjhi Son of Late Khiru Manjhi R/o Village -
Eastern Katorwa, P.S. - Bodh Gaya, Dist. - Gaya Jee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 20 liters of liquor from the house of the petitioners
as detailed in the FIR.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.13947 of 2026(2) dt.12-03-2026
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was recovered from their conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it were petitioners who had kept the liquor in
the house or the liquor kept in the house was within their
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 they came to be implicated based
on secret information which is the easiest way to implicate
someone without holding a proper investigation, when
petitioners admittedly are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Bodhgaya P.S. Case No. 09 of 2026 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.13947 of 2026(2) dt.12-03-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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