Patna High Court
Ramawatar ManjhiversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedents, under Section 482(2) of the Bihar Negotiable Securities Act.
Summary
Ramawatar Manjhi sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended in 2022) for allegedly possessing 50 litres of liquor recovered from his joint‑family house. He argued that he had no conscious possession, the liquor was in a shared property, and he had a clean criminal record. The State opposed the bail, contending that the offence was non‑bailable. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; if his antecedents are clean, the bail will be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged liquor was found in a joint‑family house and the petitioner claims no conscious possession.
- Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail subject to verification.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- possession
- joint family property
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16117 of 2026
Arising Out of PS. Case No.-864 Year-2025 Thana- NAWADA District- Nawada
======================================================
Ramawatar Manjhi S/O Chhotu Manjhi@ Chotu Manjhi Resident of Village-
Kharidi Bigha, P.S.- Nawada, Nagar, District- Nawada,
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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, 2016/ Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from house of the petitioner. 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
knowledge and after amendment in the Excise Act in the year
Patna High Court CR. MISC. No.16117 of 2026(2) dt.17-03-2026
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2018, the concept of deemed possession and presumed offender
has been done away with and he came to be implicated at the
instance of 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.
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.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 Nawada (Town/Nagar) P.S. Case No.864/2025,
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
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.16117 of 2026(2) dt.17-03-2026
3/3
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)
amit/-
U T
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