Patna High Court
Heera Lal Manjhi @ Heera ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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