Created by Fuzzy Cloud

Patna High Court

Manish Kumar Jaiswal @ Manish Kumar AgarwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner with specified bond, sureties and conditions, pending verification of his criminal antecedent.

Summary

Manish Kumar Jaiswal sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 2,025 litres of liquor from a truck. He argued that he was not in possession of the liquor, was not arrested on the spot, and was implicated solely on a confessional statement of another person, contending that the 2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the bail, citing his prior four excise cases. The Court granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify his criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; if only four, it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018
  • Whether the confessional statement of a co-accused can alone justify denial of bail
  • Effect of the 2018 amendment on the doctrines of deemed possession and presumed offender

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • deemed possession
  • confessional statement
  • criminal antecedent
  • bond and sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29738 of 2026
                    Arising Out of PS. Case No.-289 Year-2021 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Manish Kumar Jaiswal @ Manish Kumar Agarwal S/o Arun Kumar Jaiswal
                 @ Arun Kumar Chaudhary R/o Village - Raghopur, Simrahi Ward No. 12, P.S
                 - Raghopur Simrahi Ward No.-12, District - Supaul
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 2025 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Ajay

                   Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.29738 of 2026(2) dt.05-05-2026
                                            2/3




          value in the eye of law. 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. It is also submitted that once an accused is implicated in a

          case relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person,

          confessional statement or secret information without holding a

          proper investigation of the case.

                       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 appearing on behalf of the petitioner, let 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.20,000/-

          (Rupees Twenty 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 Phulparas P.S.

          Case No. 289 of 2021, G.R. No. 1302 of 2021, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.29738 of 2026(2) dt.05-05-2026
                                                       3/3




                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than four

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only four cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.