Patna High Court
Nandlal Manjhi @ Nandlal MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Nandlal Manjhi, sought anticipatory bail after being implicated in a case under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for alleged possession of 50 litres of liquor recovered from his joint‑family house. He argued that no liquor was found on his person, that the concept of deemed possession was removed by the 2018 amendment, and that he has a clean criminal record. The State opposed the bail, contending that the allegations were sufficient to justify arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, verification of the petitioner’s antecedents, and a deposit of Rs.1500 with the Advocates’ Association. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, but if the petitioner’s clean record is verified, the bail would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor possession.
- Whether the concept of deemed possession under the Bihar Prohibition and Excise (Amendment) Act, 2016, applicable after its 2018 amendment, can be invoked against the petitioner.
- Whether the petitioner’s clean antecedent precludes a presumption of guilt.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- liquor seizure
- excise law
- clean antecedent
- joint family property
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4803 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- ADAPUR District- East Champaran
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Nandlal Manjhi @ Nandlal Mahto Son of Late Lakshandeo Mahto @
Lakshandeo Manjhi Resident of Village- Barwadih Dhangar Toli, P.S.-
Adapur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offence punishable under Sections 30(a), 32
and 41(1) of Bihar Prohibition and Excise (Amendment) Act,
2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 100 litres of liquor, out of which 50 litres of liquor
is alleged to have been recovered from the house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and the house in question is a joint family property
Patna High Court CR. MISC. No.4803 of 2026(2) dt.31-01-2026
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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 local person and chowkidar but
then it is submitted that if local person or chowkidar were aware
of the involvement of the petitioner in the occurrence then why
they did not inform the police prior to institution of the instant
FIR, which casts an aspersion on the case of the prosecution,
when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 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 Adapur
P.S. Case No.387/2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.4803 of 2026(2) dt.31-01-2026
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under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
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.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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