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Patna High Court

Ramawatar ManjhiversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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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