Patna High Court
Mannu Gond @ Manu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted provisionally, subject to verification of the petitioners' criminal antecedent and compliance with the bail bond conditions.
Summary
Mannu Gond and Sonnu Gond applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 26.8 litres of liquor from their joint family house. They argued that they have no prior criminal record, were not arrested at the scene, and that the liquor was not in their conscious possession, especially after the 2018 amendment that removed the concept of deemed possession. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioners furnish bail bonds of Rs.500 each with two sureties and that the trial court verify their antecedent. If any prior case is found, the bail may be withdrawn; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the alleged possession of liquor is not proven and the accused have not been arrested.
- Effect of the 2018 amendment to the Excise Act removing the concept of deemed possession on the grant of bail.
- What conditions may be imposed on provisional anticipatory bail pending verification of criminal antecedent.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- deemed possession
- joint family property
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38073 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- SIMRI District- Buxar
======================================================
1. Mannu Gond @ Manu Kumar S/o- Late Haresh Gond Village- Chakni PS-
Simri, Dist- Buxar
2. Sonnu Gond @ Sonu Gond S/o- Late Haresh Gond Village- Chakni PS-
Simri, Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 26.8 litres of liquor from house of
the petitioners
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the house in
Patna High Court CR. MISC. No.38073 of 2026(2) dt.17-06-2026
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question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioners, who had kept the liquor
in the house or the liquor kept in the house was within their
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 based on secret
information which is the easiest way to implicate someone
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) 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 Simri P. S. Case No.97 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.38073 of 2026(2) dt.17-06-2026
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accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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