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Patna High Court

SANDEEP MANJHI @ CHANDRADEEP MANJHIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, owing to the petitioner’s clean antecedent and the absence of concrete evidence of possession, provisional anticipatory bail may be granted subject to verification of antecedent under Section 438(2) Cr.P.C.

Summary

The petitioner, Sandeep Manjhi, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with alleged offences under Sections 30(a) and 30(c) of the Excise Act, where 10 litres of liquor and 80 litres of fermented material were recovered from a house that is part of a joint family property. The petitioner claimed a clean antecedent and argued that no liquor was found in his personal possession and that the recovery was based on secret information without proper investigation. The State opposed the bail, contending that the offences were cognizable. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for alleged offences under the Excise Act.
  • Whether the petitioner’s alleged possession of liquor can be established given the joint family ownership of the premises.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • possession
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39901 of 2026
                      Arising Out of PS. Case No.-26 Year-2026 Thana- Hathiyav District- Sheikhpura
                 ======================================================
                 Sandeep Manjhi @ Chandradeep Manjhi S/O Vishnudev Manjhi R/O Village
                 Gosaimardhi, P.S - Haithiyawa, District - Sheikhpura, Bihar

                                                                                    ... ... Petitioner/S
                                                         Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Vandna Rani
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  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

                   Sections 30(a) and 30(c) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 10 litres of liquor along with 80 litres of

                   fermented material from the house of the petitioner.

                                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

                   with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.39901 of 2026(2) dt.23-06-2026
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          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 based on secret

          information without holding a proper investigation, when

          admittedly petitioner is a person with clean antecedent.

                       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.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

          Hathiyawa P. S. Case No.26 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

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.39901 of 2026(2) dt.23-06-2026
                                                           3/3




                         found that petitioner has antecedent of even 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 is a person 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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