Patna High Court
John @ Nand Kishore ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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