Patna High Court

Sanjeet Kumar ManjhiversusThe State of Bihar

Decided: 6 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent, with confirmation only if he is found to have a clean record.

Summary

The petitioner, Sanjeet Kumar Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 120 litres of liquor from a motorcycle. He argued he had no conscious possession, was not the vehicle owner, and the case was based solely on a confessional statement of a co‑accused made in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a Rs.500 bond with two sureties and a six‑week surrender, and ordered verification of the petitioner’s criminal antecedent, with confirmation of bail only if he is found to have a clean record.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offence is based on a co‑accused’s confessional statement.
Whether the 2018 amendment removing deemed possession and presumed offender affects the bail application.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
confessional statement
deemed possession
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29923 of 2026
                        Arising Out of PS. Case No.-82 Year-2026 Thana- AMNAUR District- Saran
                 ======================================================
                 Sanjeet Kumar Manjhi son of Rajvanshi Manjhi @ Raj Vanshi Manjhi
                 Resident of village- Mirjapur, Ps- Marhowrah, Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 120 liters of liquor from a motorcycle.

                                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 is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of Ratnesh in police custody which does

                   not have any evidentiary value. It is next submitted that after
Patna High Court CR. MISC. No.29923 of 2026(2) dt.06-05-2026
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          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.

          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 Amnour

          P.S. Case No. 82 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 even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.29923 of 2026(2) dt.06-05-2026
                                                        3/3




                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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