Patna High Court
Manjay Kumar @ Manjay GopversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
Manjay Kumar was apprehended for alleged offences under Sections 318(4), 338, 336(3), 340(2) of the BNSS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the recovery of 161 litres of liquor from an auto. He claimed a clean antecedent, argued that the liquor was not in his conscious possession, and that the case was based solely on a confessional statement of another accused, which he said lacked evidentiary value. The State opposed his anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, and conditioned confirmation of the bail on verification of the petitioner’s antecedent. The order also warned that any undisclosed prior case would lead to denial of confirmation. The decision rests on the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged offences.
- Whether the confessional statement of another accused can form a basis for arrest without direct possession.
- Effect of the 2018 amendment to the Excise Act on the concepts of deemed possession and presumed offender.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- possession
- excise law
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24367 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- PIRBAHOR District- Patna
======================================================
Manjay Kumar @ Manjay Gop S/o- Late Munni Rai R/o Village- Naya Gawn
PS- Pirbohore Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 318(4),
338, 336(3) and 340(2) of the BNSS as well as Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 161 litres of liquor from an auto.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Sunni
Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.24367 of 2026(2) dt.20-04-2026
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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. Mr. Chandra Bhushan Prasad, 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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his 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) 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 Pirbahore P.S. Case
No. 113 of 2026, 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 petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.24367 of 2026(2) dt.20-04-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person 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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