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Patna High Court

Shatrughan ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.

Summary

The petitioner, Shatrughan Manjhi, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 130 litres of liquor were allegedly recovered from his joint‑family house. He argued that the liquor was not in his conscious possession, the property was jointly owned, and he had a clean criminal record. The State opposed the anticipatory bail application. The Court noted that the 2018 amendment to the Excise Act had done away with the concept of deemed possession and that the informant (chowkidar) had not reported the petitioner earlier, casting doubt on the prosecution’s case. Accordingly, the Court granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent, with the order to be confirmed if he is found to have a clean record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the alleged recovery of liquor from a joint‑family house establishes possession sufficient to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • joint family property
  • clean antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89802 of 2025
                 Arising Out of PS. Case No.-227 Year-2025 Thana- Gadhiya Bazar District- East Champaran
                 ======================================================
                 Shatrughan Manjhi S/O Jaikishun Manjhi R/O Village- Koilwara Musahari
                 Tola, P.S- Gadahiya Bajar, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 237.5 litres of liquor from house of five accused

                   persons including the petitioner out of which 130 litres of liquor

                   is alleged to have been recovered from the 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
Patna High Court CR. MISC. No.89802 of 2025(3) dt.21-01-2026
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          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 at the instance of Chowkidar but then

          it is submitted that if Chowkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution, when petitioner

          admittedly is a person with clean antecedent.

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

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.-3, Motihari, East Champaran in connection

          with Gadahiya Bajar P.S. Case No.227 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.
               Patna High Court CR. MISC. No.89802 of 2025(3) dt.21-01-2026
                                                           3/3




                                      6. The application stands allowed.

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

                         accepting the provisional bail bond of the petitioner shall verify

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

                         found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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