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Patna High Court

Chunmun ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                                       3/3




                     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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