Patna High Court
Manoj Kumar Yadav @ Munshi Jee @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to bond, sureties and verification of antecedents, to be confirmed only if the petitioner has at most one prior case.
Summary
Manoj Kumar Yadav sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 1,382.22 litres of liquor from huts not in his possession. The prosecution’s case relied on a confessional statement of a co‑accused made in police custody, which the petitioner argued had no evidentiary value and that the 2018 amendment had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming the bail only if he has at most one prior case. If more than one antecedent is found, the bail would not be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in the present case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the confessional statement of a co‑accused made in police custody can be relied upon for bail considerations.
- Effect of the 2018 amendment removing the doctrine of deemed possession and presumed offender on the grant of bail.
- What conditions may be imposed on provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- confessional statement
- deemed possession
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31100 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Manoj Kumar Yadav @ Munshi Jee @ Manoj Yadav S/o Late Moti Lal Yadav
@ Late Ganesh Yadav R/o Village - Belahi, P.S - Nadi, District - Supaul At
present - Manoj Kumar Yadav @ Munshi Jee,Gender - Male, aged about 40
Years, Son of Late Moti Lal Yadav @ Late Ganesh Yadav R/o Village -
Chakdah, P.S - Rajnagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 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 Sections 30(a),
32(1), 32(3), 42(1), 42(2) of Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 1382.22 litres of liquor from two
huts. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from huts, which does
Patna High Court CR. MISC. No.31100 of 2026(2) dt.07-05-2026
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not belong to the petitioner but then he came to be implicated
based on confessional statement of Jitendra in police custody
which does not have any 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.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 Jhanjharpur Excise P.S. Case No.119/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.31100 of 2026(2) dt.07-05-2026
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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