Patna High Court
Santosh ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their criminal antecedents.
Summary
Santosh Manjhi and Madan Manjhi were implicated in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from a joint family house. The petitioners, claiming clean antecedents, argued that the liquor was not in their conscious possession, that the concept of deemed possession was abolished by the 2018 amendment, and that they were implicated by a hostile chowkidar. The State opposed their prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a verification of the petitioners' criminal antecedents. The order stipulated that if any antecedent is discovered, bail for that petitioner would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the facts alleged.
- Whether the 2018 amendment removing the concept of deemed possession affects liability under the Bihar Narcotic Substances Act.
- Whether the petitioners can be presumed to have concealed liquor in the joint family house.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- liquor possession
- Bihar Narcotic Substances Act
- Bihar Excise Act
- deemed possession
- joint family property
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38541 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- TURKAULIYA District- East Champaran
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1. Santosh Manjhi S/o Lakhraj Manjhi Resident of village - Balahi Mushari
Tola, P.S.- Turkaliya, District - East Champaran
2. Madan Manjhi S/o Pitambar Manjhi Resident of village - Balahi Mushari
Tola, P.S.- Turkaliya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar Ii
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 Sections 274, 275
and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 5 liters of liquor from possession of Fulena, 45 liters
of liquor from house of petitioner no. 1 and 30 liters of liquor
from house of petitioner no. 2.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.38541 of 2026(2) dt.18-06-2026
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petitioners were not apprehended 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 their
knowledge and 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 at the
instance of Chowkidar with whom they are on an inimical term.
It is also submitted that it does not appear probable that the
Chowkidar would have known who had concealed the liquor in
the house.
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 before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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
Patna High Court CR. MISC. No.38541 of 2026(2) dt.18-06-2026
3/3
Turkauliya P.S. Case No. 114 of 2026 subject to the conditions
as laid down under Section 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 any of the petitioners have antecedent of
even one case 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 the petitioner who
had concealed his antecedent, but after verification if 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)
Rishabh/-
U T
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