Patna High Court
Bikki Manjhi @ Bikki KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Bikki Manjhi, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 14 litres of liquor recovered from a joint family house. He argued that he had no conscious possession, the liquor was part of joint family property, and the only evidence was a confessional statement made by another accused, Ranjan, while in police custody, which he claimed lacked evidentiary value. The State opposed his request for anticipatory bail. The Court, considering the clean antecedent claimed by the petitioner and the amendment removing the concept of deemed possession, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is disputed.
- Whether a confessional statement made in police custody by another accused is admissible as evidence for granting bail.
- Effect of the 2018 amendment removing deemed possession on the bail application.
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.691 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Bikki Manjhi @ Bikki Kumar S/o- Late Upendra Manjhi R/O- Musahari Old
Parsa Bazar, P.S- Parsa Bazar, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 82 liters of liquor from the house of 5 accused
persons out of which 14 liters of liquor is alleged to have been
recovered from the 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.691 of 2026(2) dt.15-01-2026
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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 based on
confessional statement of Ranjan in police custody which does
not have any evidentiary value.
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.
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 Parsa
Bazar P.S. Case No. 289 of 2025 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 even
Patna High Court CR. MISC. No.691 of 2026(2) dt.15-01-2026
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one case 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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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