Created by Fuzzy Cloud

Patna High Court

Santosh ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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


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.