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Patna High Court

Manoj Yadav @ Manoj Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent cases.

Summary

Manoj Yadav applied for anticipatory bail under Section 438 of the Cr.P.C. in a case alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 936 litres of liquor from an old, jointly‑owned house. The petitioner argued that he was not in actual possession, the house was dilapidated and uninhabited, and that the concept of deemed possession had been removed by the 2018 amendment to the Excise Act. The State opposed the bail, citing the petitioner’s five prior excise cases. The Court, after hearing both sides, granted provisional anticipatory bail on the condition of a Rs 25,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents; if more than five prior cases are found, the bail may be withdrawn. The order also required the petitioner to deposit Rs 7,500 with the Advocates’ Association. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor in a jointly‑owned, uninhabited house.
  • Whether the petitioner’s five prior excise cases preclude the grant of anticipatory bail.
  • Effect of the 2018 amendment to the Excise Act on the doctrine of deemed possession.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • section 30
  • section 438
  • criminal antecedent
  • possession
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6397 of 2026
                    Arising Out of PS. Case No.-392 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Manoj Yadav @ Manoj Kumar Yadav Son of Lakshmi Yadav @ Lakshmi
                 Narayan Yadav Resident of Village- Inarwa, Ward No. 05, P.S.- Phulparas,
                 District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratnakar Jha
                 For the Opposite Party/s :       Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in a case registered for the offences punishable under Section 30(a)

                   of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent five cases under the Excise Act and

                   allegation is of recovery of 936 litres of liquor from an old house

                   of the petitioner.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the house in

                   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
Patna High Court CR. MISC. No.6397 of 2026(2) dt.04-02-2026
                                            2/3




          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. It is also submitted that the house from which the alleged

          recovery is said to have made is not inhabited by the family

          members, since it is an old house and is in a dilapidated condition

          and he came to be implicated at the instance of Chaukidar. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation. It is next submitted

          that petitioner earlier also came to be implicated in similar manner.

                       5. Learned A.P.P.          opposes     the   anticipatory   bail

          application.

                       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 Court below within a

          period of six weeks, is directed to be released on provisional

          anticipatory bail on his furnishing bail-bonds in the sum of

          Rs.25,000/- (Rupees Twenty Five 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 G.R.

          No.581 of 2025 arising out of Phulparas P. S. Case No.392 of
               Patna High Court CR. MISC. No.6397 of 2026(2) dt.04-02-2026
                                                           3/3




                         2025, subject to the conditions laid down under Section 438(2) of

                         the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than five cases, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his 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 petitioner has

                         antecedent of five cases only, 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.7500/- with Advocates’

                         Association, Patna High Court, Patna within a period of two weeks

                         from today.


                                                   (Satyavrat Verma, J)

vikash/-

U          T


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