Patna High Court
Appu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to specified conditions and verification of the petitioners' antecedent.
Summary
The petitioners, four members of the Manjhi family, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a) and 41(1) of the Excise Act for the alleged recovery of 50 litres of liquor from their jointly owned house. They argued that they have no prior criminal record, that the liquor was not found in their conscious possession, and that the house is a joint family property, making it uncertain who stored the liquor. The prosecution, represented by the State, opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs.500 each with two sureties, verification of their antecedent, and a deposit of Rs.3,000 with the Lawyers Association, reserving the right to cancel the bail if any criminal antecedent is discovered. The order was made conditional on compliance with Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under the Excise Act.
- Whether the concept of deemed possession applies after the 2018 amendment to the Excise Act.
- Whether the petitioners' clean antecedent and lack of direct possession justify granting bail.
- What conditions may be imposed on provisional anticipatory bail under Section 438(2) of the Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- deemed possession
- clean antecedent
- joint family property
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5469 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- CHIRAIYA District- East Champaran
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1. Appu Manjhi Son of Sudama Manjhi R/o Village - Manguraha, Dhangar
Toil, P.S. - Chiraiya, Dist. - East Champaran.
2. Pappu Manjhi Son of Sudama Manjhi R/o Village - Manguraha, Dhangar
Toil, P.S. - Chiraiya, Dist. - East Champaran.
3. Sudama Manjhi Son of Faguni Manjhi R/o Village - Manguraha, Dhangar
Toil, P.S. - Chiraiya, Dist. - East Champaran.
4. Pargan Manjhi Son of Late Batahu Manjhi R/o Village - Manguraha,
Dhangar Toil, P.S. - Chiraiya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roshan Kumar
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their arrest
in a case registered for the offences punishable under Sections
30(a) and 41(1) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the allegation
is of recovery of 50 litres of liquor from house of the petitioner.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the house in
Patna High Court CR. MISC. No.5469 of 2026(2) dt.02-02-2026
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question is a joint family property and thus, 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 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 the petitioner they came to be implicated at the instance
of Chaukidar, but then, if Chaukidar was aware of the involvement
of the petitioners in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution, when admittedly
petitioners are persons with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) each 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
Chiraiya P. S. Case No.270 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.5469 of 2026(2) dt.02-02-2026
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7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall verify
the criminal antecedent of the petitioners and in the event, if it is
found that petitioners have antecedent of even one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their 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 petitioners
are persons with clean antecedent, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on behalf
of the petitioner based on instruction submits that petitioner
undertakes to deposit an amount of Rs.3,000/- with Lawyers
Association, Patna High Court, Patna within a period of two weeks
from today.
(Satyavrat Verma, J)
vikash/-
U T
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