Patna High Court
Chunmun ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail, subject to verification of antecedents and compliance with bail conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Petitioners Chunmun Manjhi and Sudhir Manjhi applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 240 litres of liquor on two motorcycles. They argued they have clean antecedents, were not arrested at the spot, had no conscious possession, were not owners of the vehicles, and that the confessional statement of an apprehended accused in police custody is inadmissible. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioners' antecedents before confirming the bail.
Issues considered
- What is the applicability of anticipatory bail under Section 438 Cr.P.C. in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Does the lack of conscious possession and the reliance on a confessional statement of an apprehended accused affect the grant of anticipatory bail?
- Whether the concept of deemed possession and presumed offender, removed by the 2018 amendment, influences the bail decision.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- possession
- excise law
- confessional statement
- clean antecedent
- Section 30
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21358 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- PARSA District- Saran
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1. Chunmun Manjhi S/O Hari Charan Manjhi R/O Village- Mirjapur, P.S-
Parsa, Distt- Saran at Chapra.
2. Sudhir Manjhi S/O Raghubir Manjhi R/O Village- Mirjapur, P.S- Parsa,
Distt- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 240 litres of liquor from two motorcycles.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioners are not the owner of the seized vehicle
and came to be implicated based on the confessional statement
Patna High Court CR. MISC. No.21358 of 2026(2) dt.17-04-2026
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of apprehended accused in police custody which does not have
any evidentiary value in the eye of law. It is next submitted that
after amendment in the Excise Act in the year 2018, the concept
of deemed possession and presumed offender has been done
away with.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) each 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
Parsa P.S. Case No. 334 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
case, it would be presumed that petitioners had concealed their
Patna High Court CR. MISC. No.21358 of 2026(2) dt.17-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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