Patna High Court
Santlal Manjhi @ Ritlal ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to bond and verification conditions.
Summary
Santlal Manjhi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging possession of 15 litres of liquor recovered from his joint family house. He argued that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession, further noting that the FIR does not name the informant. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and comply with Section 438(2) conditions, including verification of his antecedent by the trial court. The order also required the petitioner to deposit Rs.1,500 with the Advocates’ Association, Patna High Court. The bail will be confirmed if the trial court finds the petitioner has no prior criminal cases; otherwise it may be withdrawn.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
- Whether the absence of conscious possession and the joint family nature of the property affect the grant of anticipatory bail.
- Whether the amendment removing the concept of deemed possession under the Excise Act impacts the bail application.
- Whether a clean criminal antecedent is a prerequisite for granting anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- possession of liquor
- clean antecedent
- joint family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2831 of 2026
Arising Out of PS. Case No.-111 Year-2024 Thana- PUNPUN District- Patna
======================================================
Santlal Manjhi @ Ritlal Manjhi Son of Late Tetar Manjhi Resident Of
Village- Akauna, Ps- Punpun, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha
For the Opposite Party/s : Ms.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 15 litres of liquor from house of the petitioner.
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 even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the 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.2831 of 2026(2) dt.28-01-2026
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knowledge and after Amendment in the Excise Act, 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 the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
an aspersion on the case of the prosecution, when admittedly
petitioner is a person with clean antecedent.
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.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
Punpun P. S. Case No.111 of 2024, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
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
Patna High Court CR. MISC. No.2831 of 2026(2) dt.28-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.15,00/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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