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Patna High Court

Shiva Kumar @ Shiva ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and ordered verification of the petitioner’s antecedents before confirming the bail.

Summary

Shiva Kumar (Shiva Manjhi) sought anticipatory bail after the police registered a case under Sections 30(a), 30(c) and 44 of the Bihar Excise Act alleging that 110 litres of liquor and 1,000 litres of Mahua jaggery solution were recovered from a shed and bush at Ward No. 3, which did not belong to him. The petitioner argued that nothing was found in his conscious possession and that the confession obtained from his sister, who was arrested, could not be used as evidence. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

  • What is the applicability of anticipatory bail when the alleged offence involves recovery of liquor from a place not owned by the accused?
  • Does the 2018 amendment to the Bihar Excise Act eliminate the doctrine of deemed possession and presumed offender for the purpose of granting anticipatory bail?
  • Can a confession made by a co‑accused (the petitioner’s sister) be used as evidence against the petitioner?
  • Should the petitioner’s prior criminal antecedents affect the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28425 of 2026
                   Arising Out of PS. Case No.-32 Year-2026 Thana- EXCISE MAHARAJGANJ District-
                                                         Siwan
                 ======================================================
                 Shiva Kumar @ Shiva Manjhi Son of Sudama Manjhi Resident of village -
                 Huleshra Ward No. 3, P.S.- Bhagwanpur Hat, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Kumari Anupam
                 For the Opposite Party/s :     Mr. Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  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 30(a),

                   30(c) and 44 of the Bihar Excise 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 110 liters of liquor from a shed and a

                   bush at Ward No. 3 along with 1000 liters of Mahua jaggery

                   solution which was destroyed at the spot.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.28425 of 2026(2) dt.24-04-2026
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          recovery is from a place which does not belong to the petitioner,

          but then his sister was arrested and was made to confess about

          the participation of the petitioner in the occurrence when

          confessional statement before police has no evidentiary value. It

          is also 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.

                       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.

          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 Excise

          Maharajganj P.S. Case No. 32 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

          case then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.28425 of 2026(2) dt.24-04-2026
                                                        3/3




                      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 only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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