Created by Fuzzy Cloud

Patna High Court

Dinanath Majhi @ Dinanath ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent, with the order to be confirmed only if he is found to have a clean record.

Summary

The petitioner, Dinanath Majhi, sought anticipatory bail after learning that a case had been registered against him under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act for allegedly possessing 50 litres of liquor recovered from his house, which is a joint family property. He argued that he had no conscious possession, that the liquor could belong to other family members, and that the allegation stemmed from a hostile watchman, not from any proven act. He also highlighted that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, contending that the FIR established sufficient grounds for arrest. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court; if any antecedent is found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged possession of liquor under the Bihar Prohibition and Excise Act.
  • Whether the concept of deemed possession applies after the 2018 amendment to the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • deemed possession
  • joint family property
  • clean antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37621 of 2026
                  Arising Out of PS. Case No.-56 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Dinanath Majhi @ Dinanath Manjhi S/o Ramnath Majhi Resident of village-
                 Barwa Musahari Tola, P.S.- Lakhaura, District- East Champaran
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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 Sections 30(a), 32

                   and 41(1) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of liquor from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession.

                                5. It is further submitted that the house in question is

                   a joint family property, as such, it cannot be alleged 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
Patna High Court CR. MISC. No.37621 of 2026(2) dt.17-06-2026
                                            2/3




          and 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 next submitted that petitioner came to be

          implicated at the instance of the Chawkidar with whom he is on

          an inimical term. It is also submitted that if the Chawkidar was

          aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to the institution of

          the instant FIR which casts an aspersion on the case of the

          prosecution.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       7. 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.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 Lakhaura P.S. Case

          No. 56 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       8. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.37621 of 2026(2) dt.17-06-2026
                                                       3/3




                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     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 is a person with clean antecedent 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…

Lawyer court records for this case

Associated through the court’s case reference.

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