Patna High Court
Mannu @ Abhimanyu @ Abhimanyu Kumar @ Abhimanyu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Mannu @ Abhimanyu Kumar, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 18 litres of liquor from his joint‑family house. He argued that the liquor was not in his conscious possession, the house is a joint family property, and the concept of deemed possession was removed by the 2018 amendment. The petitioner also disclosed an antecedent of seven criminal cases, six of which are under the Excise Act, and claimed he was implicated on secret information. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 35,000 with two sureties and that the trial court verify his criminal antecedent; if more than seven cases are found, the bail will not be confirmed, otherwise it will be confirmed immediately.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is in a joint‑family house and the accused has multiple prior cases.
- Whether the amendment removing the concept of deemed possession affects the bail application.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19355 of 2026
Arising Out of PS. Case No.-749 Year-2025 Thana- KOTWALI District- Patna
======================================================
Mannu @ Abhimanyu @ Abhimanyu Kumar @ Abhimanyu Paswan S/O
Indal Paswan R/O Mohalla- Kamla Nehru Nagar, Ward no. 21, P.S.- Kotwali,
Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 has antecedent of seven cases out of which six cases
are under the Excise Act and allegation is of recovery of 18
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
Patna High Court CR. MISC. No.19355 of 2026(2) dt.26-03-2026
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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
2018, the concept of deemed possession and presumed offender
has been done away with. It is next submitted that petitioner
came to be implicated based on secret information which is the
easiest way to implicate someone. It is also submitted that
petitioner, in similar manner, also came to be implicated earlier.
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.
35,000/- (Rupees Thirty 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
Kotwali P.S. Case No. 749 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 more than
Patna High Court CR. MISC. No.19355 of 2026(2) dt.26-03-2026
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seven 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 seven cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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