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Patna High Court

Harinarayan ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedents, with the order to be confirmed or revoked based on that verification.

Summary

Harinarayan Manjhi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an alleged offence under Section 30(a) of the Excise Act, where 15.75 litres of liquor were reportedly recovered from his joint family house. The petitioner argued that the liquor was not in his conscious possession, that the house is jointly owned, and that the 2018 amendment to the Excise Act removed the doctrine of deemed possession, making the allegation against him tenuous. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act where the alleged liquor was not in the petitioner’s conscious possession.
  • Whether the removal of the doctrine of deemed possession by the 2018 amendment to the Excise Act affects the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent influences the grant or confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • deemed possession
  • criminal antecedent
  • provisional bail
  • Section 438
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34487 of 2026
                    Arising Out of PS. Case No.-87 Year-2026 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Harinarayan Manjhi S/o Late Sonelal Manjhi R/o - Kaurihar Dhangadtoli, PS
                 - Raxaul, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Tripti Singh
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 15.75 litres of liquor from house

                   of the petitioner apart from other recoveries as detailed in the

                   FIR.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.34487 of 2026(2) dt.15-05-2026
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          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          Chaukidar with whom he is on an inimical term. It is also

          submitted that it does not appear probable that Chaukidar would

          have known who had concealed the liquor in the house.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (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 Raxaul P. S. Case No.87 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.34487 of 2026(2) dt.15-05-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioner 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

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, 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)
vikash/-

U          T


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