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Patna High Court

Manohar Choudhary @ Manohar Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, in the absence of admissible evidence and given the petitioner’s clean antecedent, anticipatory bail under Section 438 CrPC may be granted conditionally.

Summary

Manohar Choudhary applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 28.200 litres of liquor from his joint family house. The petitioner argued that he has a clean antecedent, was not arrested on the spot, and that the liquor was not in his conscious possession; moreover, the alleged evidence was a confessional statement of his brother‑in‑law made in police custody, which he claimed lacked evidentiary value, especially after the 2018 amendment that abolished the concept of deemed possession. The State opposed the bail. The Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) CrPC conditions. The order was made conditional: if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the confessional statement of the brother‑in‑law made in police custody is admissible as evidence for granting bail.
  • Whether the concept of deemed possession applies after the 2018 amendment to the Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • confessional statement
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17883 of 2026
                        Arising Out of PS. Case No.-20 Year-2026 Thana- Benta District- Darbhanga
                 ======================================================
                 Manohar Choudhary @ Manohar Kumar Choudhary S/O Late Anant
                 Choudhary Village - Gangasagar Donar, P.S.- Benta, District- Darbhanga,
                 State- Bihar, Pin Code-846004.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr/s.Kanchan Jha
                 For the Opposite Party/s :        Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 28.200 litres of liquor from the house of the

                   petitioner.

                                 4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.17883 of 2026(2) dt.19-03-2026
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          with certainty that it was the 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, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated based on

          confessional statement of his brother in-law Ashok in police

          custody, which does not have any evidentiary value.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Benta P. S. Case No.20 of 2026, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.17883 of 2026(2) dt.19-03-2026
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                         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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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)
vikash/-

U          T


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