Patna High Court
Munna Kumar @ Munna ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of criminal antecedents.
Summary
The petitioners, Munna Kumar and Sarjun Manjhi, were implicated under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from a joint family house. They applied for anticipatory bail, arguing that they were not arrested on the spot, the liquor was not in their conscious possession, and the amendment to the Excise Act in 2018 abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties each, and directed the trial court to verify the petitioners' criminal antecedents, with the bail to be confirmed or cancelled based on that verification. The Court also allowed the petitioners to rectify their bail application.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act given the alleged facts.
- Whether the amendment removing deemed possession and presumed offender affects the bail application.
- Whether the joint family nature of the property and lack of conscious possession preclude arrest and justify bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- criminal antecedent
- Section 30(a)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31129 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- SAKURABAD District- Jehanabad
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1. Munna Kumar @ Munna Manjhi S/O Suresh Manjhi R/O Vill - Ratna
Manjhi Tola, P.s - Shakurabad, Dist- Jehanabad (Bihar)
2. Sarjun Manjhi @ Arjun Manjhi S/O Suresh Manjhi R/O Vill - Ratna Manjhi
Tola, P.s - Shakurabad, Dist- Jehanabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Sonam Kumari
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases out of which one
case is under the Excise Act and petitioner no. 2 has antecedent
of three cases under the Excise Act and allegation is of recovery
of 15 litres of liquor from the house of Ajay Manjhi, 15 litres of
liquor from of liquor from the house of Munna Manjhi
(petitioner no. 1) and 30 litres of liquor from the house of Sarjun
Manjhi (petitioner no. 2).
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.31129 of 2026(2) dt.07-05-2026
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petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and the house in
question is a joint family property as such it cannot be alleged
with certainty that it were petitioners who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioners. 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 and
they came to be implicated based on secret information which is
the easiest way to implicate someone without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each 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 Sakurabad P.S. Case No. 59 of 2026,
subject to the conditions as laid down under Section Section
Patna High Court CR. MISC. No.31129 of 2026(2) dt.07-05-2026
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482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than two cases and petitioner no. 2 has antecedent of more than
three cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of two cases and petitioner no. 2 has antecedent of three cases in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. At this stage, learned counsel for the petitioners
seeks permission to make rectification at para-6 of the
anticipatory bail application.
9. Permission is accorded.
(Satyavrat Verma, J)
Sumit/-
U T
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