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Patna High Court

Chandan Manjhi @ Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally subject to verification of the petitioner’s criminal antecedent and compliance with the conditions imposed under Section 482(2) of the CrPC.

Summary

The petitioner, Chandan Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 12 litres of liquor from the verandah of his joint‑family house. He argued that the liquor was not in his conscious possession, that the concept of deemed possession was abolished by the 2018 amendment, and that the complaint was based on the testimony of a watchman whose prior knowledge was questionable. The State opposed the bail. The court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the provisional order would be confirmed. The order also required a deposit of Rs.2,500 with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is disputed.
  • Whether the amendment removing the concept of deemed possession affects the bail application.
  • Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • deemed possession
  • joint family property
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2272 of 2026
                   Arising Out of PS. Case No.-1243 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Chandan Manjhi @ Chandan Kumar S/O Naga Manjhi R/O Village-
                 Sukhnandan Chak, Mandi Bigha, P.S. and Distt.- Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kunwar Digvijay Singh, Advocate
                 For the Opposite Party/s :      Ms. Shaheen Begum, APP
                 ======================================================
                 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

                   petitioner has antecedent of one case and allegation is of

                   recovery of 12 liters of liquor from verandah of the 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

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.2272 of 2026(2) dt.27-01-2026
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          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 at the instance of Chowkidar, but then it

          is submitted that if Chowkidar was aware of the involvement of

          the petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       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.

          5,000/- (Rupees 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

          Jehanabad (Sikariya) P.S. Case No. 1243 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
            Patna High Court CR. MISC. No.2272 of 2026(2) dt.27-01-2026
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                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than one case 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 one

                      case only, 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, undertakes to deposit an amount of Rs.

                      2500/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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