Created by Fuzzy Cloud

Patna High Court

Manju Kunwar @ Manju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

Manju Kunwar, a widow, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from her joint family house and a nearby bush. She contended that she was not arrested on the spot, had no conscious possession of the liquor, and that the concept of deemed possession had been abolished by the 2018 amendment. She further claimed that the watchman’s accusation was motivated by personal enmity with her late husband. The State opposed her anticipatory bail application. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond, sureties, and verification of her criminal antecedents, with the order to be confirmed or revoked based on that verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged recovery of liquor and her alleged lack of conscious possession.
  • Whether the concept of deemed possession under the Bihar Prohibition and Excise Act applies post the 2018 amendment.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • excise law
  • joint family property
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5630 of 2026
                     Arising Out of PS. Case No.-257 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Manju Kunwar @ Manju Kumari Wife of Late Bhagwan Chaudhary R/o
                 Village - Sobhipur, P.S. - Janta Bajar, Dist. - Saran.
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends her 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 has antecedent of two cases under the Excise Act and

                   is a woman and allegation is of recovery of 25 litres of liquor

                   from the house of the petitioner and 15 litres of liquor from the

                   bush.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from her 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
Patna High Court CR. MISC. No.5630 of 2026(2) dt.03-02-2026
                                            2/3




          had kept the liquor in the house or the liquor kept in the house

          was within her 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 the husband of the petitioner is on an

          inimical term. It is also submitted that the Chawkidar in order to

          coerce the husband of the petitioner into submission falsely

          implicated the petitioner. It is lastly submitted that earlier also

          petitioner came to be implicated in a similar manner.

                       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, let the petitioner above-named, in the

          event of her 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.10,000/- (Rupees Ten 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 Janta

          Bazar P.S. Case No. 257 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the
           Patna High Court CR. MISC. No.5630 of 2026(2) dt.03-02-2026
                                                       3/3




                     BNSS.

                                  7. 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 more than two cases,

                     it would be presumed that petitioner had concealed her

                     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 has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.