Patna High Court
Narayan Manjhi @ Sri Narayan ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Narayan Manjhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 74 litres of liquor were allegedly recovered from a thatched house, including six litres from his hut. He argued that the house is joint family property, no liquor was found in his conscious possession, and the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. He further contended that the allegation stemmed from a watchman (Chowkidar) with whom he has an inimical relationship, making the identification of the actual possessor uncertain. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a six‑week surrender, directing the trial court to verify his criminal antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the absence of conscious possession of liquor.
- Whether the amendment to the Bihar Excise Act removing deemed possession and presumed offender applies to the petitioner.
- Whether the joint family nature of the property and the involvement of a watchman affect the presumption of possession.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- presumed offender
- joint family property
- CrPC Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42116 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- KEWATI District- Darbhanga
======================================================
Narayan Manjhi @ Sri Narayan Manjhi Son of Late Prayag Manjhi Resident
of Village- Binwara, Ward No. 12, P.S.- Keoti, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 74 liters of liquor from thatched
house situated at seven different places out of which six liters of
liquor is alleged to have been recovered from the hut of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
Patna High Court CR. MISC. No.42116 of 2026(2) dt.30-06-2026
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question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
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 he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term. It
is also submitted that it does not appear probable that
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 petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) 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 Keoti
P.S. Case No. 110 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.42116 of 2026(2) dt.30-06-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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