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