Patna High Court
Mangru Thakur @ Magru ThakurversusThe 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 antecedents.
Summary
Mangru Thakur sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging that 40 litres of liquor were recovered from his house and 30 litres from a neighbour's house. The petitioner argued that he was not arrested at the scene, no liquor was found in his conscious possession, and the house is a joint family property, making it uncertain that he stored the liquor. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, so he could not be implicated merely by association. The State opposed the bail. The court granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the concepts of deemed possession and presumed offender apply post‑2018 amendment.
- Whether the joint family nature of the property negates the presumption of possession.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- presumed offender
- Bihar Prohibition and Excise Act
- joint family property
- Section 30(a)
- Section 482(2)
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28101 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- BAUNSI District- Banka
======================================================
Mangru Thakur @ Magru Thakur S/o Badri Thakur Resident of Village -
Kolhua, P.S. - Bounsi, Dist. - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 40 litres of liquor from house of
petitioner and 30 litres of liquor from house of Paro Rai. It is
next submitted that 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 with certainty that it was petitioner, who had kept the
liquor in the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.28101 of 2026(2) dt.28-04-2026
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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 and he came to be implicated at the
instance of local person but then it is submitted that it does not
appear probable that local person would have known who had
concealed the liquor in the house.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.5000/- (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 Bounsi P.S. Case No.302/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.28101 of 2026(2) dt.28-04-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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