Patna High Court
Mannu @ Abhimanyu Kumar @ Abhimanyu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedents under Section 482(2) of the BNSS.
Summary
The petitioner, Mannu @ Abhimanyu Kumar, sought anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Excise Act alleging recovery of 2.4 litres of liquor from his residence, a joint family property. He argued that no liquor was found in his conscious possession, the 2018 amendment abolished the concept of deemed possession and presumed offender, and that the allegation was based on secret information without proper investigation. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 25,000 with two sureties, a condition that the petitioner surrender within six weeks, and verification of his criminal antecedents. It further directed a deposit of Rs. 10,000 with the Advocates’ Association and stipulated that if more than five prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the post‑2018 amendment eliminating deemed possession affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- criminal antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1920 of 2026
Arising Out of PS. Case No.-629 Year-2025 Thana- KOTWALI District- Patna
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Mannu @ Abhimanyu Kumar @ Abhimanyu Paswan Son of Indal Paswan
Resident of Mohalla- Kamala Nehru Nagar, Ward No. 21, P.S.- Kotwali,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saumya Singh
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 the
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 2.4
litres of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and after 2018
amendment in the Excise Act, the concept of deemed possession
Patna High Court CR. MISC. No.1920 of 2026(2) dt.27-01-2026
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and presumed offender has been done away with. It is next
submitted that 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 knowledge of the petitioner. It is further
submitted that he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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. 25,000/- (Rupees
Twenty-five Thousand) 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 Patna Kotwali P.S.
Case No. 629 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.1920 of 2026(2) dt.27-01-2026
3/3
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 more than five
cases 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
confirmed, but after verification if it is found that petitioner has
antecedent of five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 10,000/- with Advocates’ Association, Patna
High Court.
(Satyavrat Verma, J)
Sumit/-
U T
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