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Patna High Court

Sikandar Manjhi @ Sikandar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated bail conditions.

Summary

The petitioner, Sikandar Manjhi, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for allegedly possessing 40 litres of liquor at his joint family house. He argued that the liquor was not in his conscious possession, that the house is a joint family property, and that the 2018 amendment to the Excise Act abolished the concept of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent. If the petitioner is found to have more than three prior excise cases, the bail will not be confirmed; if he has exactly three, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is in a joint family house.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for bail considerations.
  • What conditions, if any, should be imposed on the grant of anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 30(a)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44322 of 2026
                    Arising Out of PS. Case No.-33 Year-2026 Thana- MALAHI District- East Champaran
                 ======================================================
                 Sikandar Manjhi @ Sikandar Kumar Son of Rajendra Manjhi @ Rajendra
                 Mahto Resident of Village- Sirni Dhangad Toli, P.S.- Malahai, District- East
                 Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate, APP
                 For the Opposite Party/s :       Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                   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 three cases under the Excise Act and

                   allegation is of recovery of 40 liters of liquor from house 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

                   question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.44322 of 2026(2) dt.07-07-2026
                                            2/3




          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 came to be implicated at the

          instance of Chowkidar and local person. It is next submitted that

          it does not appear probable that Chowkidar and local person

          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.

          15000/- (Rupees Fifteen 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 Malahi

          P.S. Case No. 33 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 petitioner and in the

          event if it is found that petitioner has antecedent of more than
            Patna High Court CR. MISC. No.44322 of 2026(2) dt.07-07-2026
                                                        3/3




                      three cases 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 three cases only, in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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