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Patna High Court

Heera Lal Manjhi @ Heera ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail bond conditions.

Summary

The petitioner, Heera Lal Manjhi, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act, where liquor was allegedly recovered from his house and other premises. He argued that the liquor was not found in his conscious possession, that the house is joint family property, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. He also contended that the police mechanically implicated him without proper investigation. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, and directed verification of his criminal antecedent, stating that if more than five prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act
  • Whether the removal of the deemed possession concept by the 2018 amendment affects the bail application
  • Whether the petitioner’s criminal antecedent of five cases influences the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.767 of 2026
                       Arising Out of PS. Case No.-426 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
                 Heera Lal Manjhi @ Heera Manjhi S/o- Late Sarju Manjhi R/v- Narauli
                 Mushahri Ps- Sirdalla Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheo Nandan Prasad, Adv
                                                  Mr. Swrya Burnwal, Adv
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                 ======================================================
                 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 Sections 30(a) and

                   41 of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 410

                   litres of liquor from the house of Vijay Manjhi, 250 litres of

                   liquor from the house of Tuntun Manji and 380 litres of liquor

                   from the house of the petitioner.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.767 of 2026(2) dt.15-01-2026
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          recovered from his conscious possession and after 2018

          amendment in the Excise Act, the concept of deemed possession

          and presumed offender has been done away with. It is next

          submitted that 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 within knowledge of the petitioner and he came to be

          implicated at the instance of Chowkidar, but then it is submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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. 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 Sirdalla P.S. Case No.

          426 of 2025, subject to the conditions as laid down under Section
              Patna High Court CR. MISC. No.767 of 2026(2) dt.15-01-2026
                                                          3/3




                        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 more than five

                        cases 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 has

                        antecedent of five cases, in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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