Patna High Court
Munni ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Munni Manjhi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing nine litres of liquor at his joint family house. He argued that he had a clean antecedent, that the liquor was not found in his conscious possession, and that the concept of deemed possession had been abolished by the 2018 amendment to the Excise Act. The State opposed the bail, contending that the alleged possession warranted prosecution. The High Court, considering these 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 within six weeks. The order stipulated that if any prior case is discovered, the bail would be revoked, but if his clean record is confirmed, the bail would be affirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Excise Act.
- Whether the post‑2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender.
- Whether the joint family nature of the property affects the presumption of possession for bail purposes.
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17398 of 2026
Arising Out of PS. Case No.-382 Year-2025 Thana- PUNPUN District- Patna
======================================================
Munni Manjhi S/o Bideshi Manjhi R/o vill - Rampur, P.S. - Punpun, Distt.-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 9 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.17398 of 2026(2) dt.19-03-2026
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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. It is also submitted that it does not
appear probable that an outsider would know who had
concealed the liquor inside the house.
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, the petitioner above-named, in the
event of his 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) 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 Punpun
P.S. Case No. 382 of 2025 subject to the conditions as laid down
under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.17398 of 2026(2) dt.19-03-2026
3/3
confirmed, but after verification if 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)
Rishabh/-
U T
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