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Patna High Court

Manjit Kumar @ Bottle Yadav @ Manjit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Manjit Kumar (also known as Bottle Yadav) sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 32.925 litres of liquor were recovered from his house, which is a joint family property. The petitioner argued that he was not arrested at the scene, no liquor was found in his conscious possession, and the concept of deemed possession had been removed by the 2018 amendment. He also highlighted that he has only one prior case on record. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and directed the trial court to verify his criminal antecedents, confirming bail only if he has a single prior case.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the alleged liquor was found in a joint family house and the accused was not arrested at the spot.
  • Whether the petitioner’s prior criminal antecedent (one case) affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • joint family property
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7667 of 2026
                   Arising Out of PS. Case No.-347 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Bhojpur
                 ======================================================
                 Manjit Kumar @ Bottle Yadav @ Manjit Yadav S/o Chhotan Yadav @
                 Chhotan Singh R/o Vill- Mahuaon, P.S.- Bihiya, Distt- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms. Malti Kumari
                 For the Opposite Party/s :    Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 32.925 litres of liquor from 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 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
Patna High Court CR. MISC. No.7667 of 2026(2) dt.23-02-2026
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          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 secret information which is the easiest way to

          implicate someone without holding a proper investigation.

                       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.5000/- (Rupees 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 Excise

          Bihiya P.S. Case No.347/2021, subject to the conditions as laid

          down 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 more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.7667 of 2026(2) dt.23-02-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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