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Patna High Court

John @ Nand Kishore ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, John @ Nand Kishore Manjhi, was implicated in a case under Sections 37 and 30(a) of the Bihar Excise Act for allegedly possessing two litres of liquor recovered from his joint family house. He argued that he was not arrested at the scene, that the liquor was not in his conscious possession, and that the alleged possession could not be proved, especially after the 2018 amendment that removed the concepts of deemed possession and presumed offender. The prosecution’s case relied mainly on a confessional statement made by the petitioner’s brother‑in‑law while in police custody, which the petitioner contended lacked evidentiary value. The State opposed the grant of anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 and two sureties, directing the trial court to verify the petitioner’s criminal antecedent and confirm or set aside the bail accordingly.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence under the Bihar Excise Act is based solely on a confessional statement and no possession is proved.
  • Effect of the 2018 amendment to the Bihar Excise Act removing the doctrine of deemed possession on the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • possession
  • confessional statement
  • joint family property
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26528 of 2026
                       Arising Out of PS. Case No.-148 Year-2026 Thana- PIRBAHOR District- Patna
                 ======================================================
                 John @ Nand Kishore Manjhi Son of Late Krishna Murari Manjhi @ Krishna
                 Murad Manjhi Resident of Village -Bhawar Pokhar Musahari PS- Pirbahore
                 Distt -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Khushi Awadh
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026               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 Sections 37 and

                   30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 2 litres of liquor from the house of

                   the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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
Patna High Court CR. MISC. No.26528 of 2026(2) dt.22-04-2026
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          with certainty that it was petitioner who had kept the liquor in

          the house or the liquor kept in the house was within knowledge

          of the petitioner. 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 and

          he came to be implicated based on confessional statement of his

          brother-in-law, sunil, in police custody which does not have any

          evidentiary value.

                   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 Pirbahore P.S. Case

          No. 148 of 2026 subject to the conditions as laid down under

          Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial 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
              Patna High Court CR. MISC. No.26528 of 2026(2) dt.22-04-2026
                                                          3/3




                        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 in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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