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Patna High Court

Ravi Ranjan Manjhi @ Ravi Ranjan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bond and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Ravi Ranjan Manjhi, applied for anticipatory bail in a case involving offences under Sections 338, 336(3) and 304(2) of the B.N.S. and Sections 30(a), 41(c), 33 and 34 of the Excise Act. He argued that he was not arrested at the scene, had no possession of the seized Scorpio, and was implicated solely on a confessional statement made by another person in police custody, which he claimed lacks evidentiary value. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, making the allegations untenable. The State opposed the bail, citing the seriousness of the offences and the petitioner’s prior criminal record of eight cases, seven of which are under the Excise Act. The Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail on the condition of a Rs.40,000 bond with two sureties and directed the trial court to verify the petitioner’s antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted in a case involving serious offences under the B.N.S. and Excise Act despite the petitioner’s prior criminal antecedent.
  • Whether a confessional statement made in police custody, lacking evidentiary value, can justify denial of anticipatory bail.
  • Effect of the 2018 amendment to the Excise Act removing deemed possession and presumed offender on the grant of anticipatory bail.
  • Appropriate conditions to be imposed under Section 438(2) Cr.P.C. for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • criminal antecedent
  • confessional statement
  • deemed possession
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24744 of 2026
                     Arising Out of PS. Case No.-217 Year-2026 Thana- MADHAURAH District- Saran
                 ======================================================
                 Ravi Ranjan Manjhi @ Ravi Ranjan Kumar S/o Sita Ram Manjhi R/o vill -
                 Dhenuki, P.S.- Marhowrah, Distt.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar Alok
                 For the Opposite Party/s :      Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 338, 336(3) and 304(2) of the B.N.S. and Sections

                   30(a), 41(c), 33 and 34 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of eight cases out of which seven

                   cases are under the Excise Act and allegation is of recovery of

                   800 litres of spirit from a Scorpio.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized Scorpio and he came to be implicated based on
Patna High Court CR. MISC. No.24744 of 2026(2) dt.20-04-2026
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          confessional statement of Surendra in police custody, which

          does not have any evidentiary value. It is next submitted that

          after Amendment in the Excise Act, 2018, the concept of

          deemed possession and presumed offender has been done away

          with. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding a proper investigation. It is

          also submitted that petitioner in similar manner earlier also

          came to be implicated in cases relating to excise

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.40,000/- (Rupees Forty 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 Marhowrah P. S. Case No.217 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.24744 of 2026(2) dt.20-04-2026
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                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than eight cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of eight cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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