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Patna High Court

Subhash ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail to the petitioner, subject to verification of his antecedent.

Summary

The petitioner, Subhash Manjhi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 119 litres of liquor recovered from his house, which is a joint family property. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the concept of deemed possession was abolished after the 2018 amendment, making it uncertain that he knew of the liquor. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 and two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is found, the bail may be revoked, whereas if he is found to have a clean record, the provisional bail will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the doctrine of deemed possession applies post‑2018 amendment of the Excise Act.
  • Whether joint family ownership of the premises negates a presumption of possession by the petitioner.
  • Whether the petitioner is entitled to bail under Section 438 of the Criminal Procedure Code.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • joint family property
  • deemed possession
  • clean antecedent
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42502 of 2026
                   Arising Out of PS. Case No.-113 Year-2026 Thana- Nawalpur District- West Champaran
                 ======================================================
                 Subhash Manjhi S/o Late Bichandi Manjhi @ Late Vichandi Mukhiya
                 Resident of Village- Dudhiyawa Sunil Mukhiya Tola, P.S.- Nawalpur, District
                 - West Champaran.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 119 litres of liquor from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who

                   had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.42502 of 2026(2) dt.01-07-2026
                                            2/3




          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. It is next

          submitted that petitioner came to be implicated at the instance of

          the Chawkidar with whom he is on an inimical term. It is also

          submitted that it does not appear probable that the Chawkidar

          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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds 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 Nawalpur P.S. Case

          No. 113 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,
           Patna High Court CR. MISC. No.42502 of 2026(2) dt.01-07-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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