Patna High Court
Mithlesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents and compliance with Section 438(2) Cr.P.C.
Summary
Mithlesh Manjhi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a), 37(b) and 37(c) of the Excise Act, alleging recovery of liquor and fermented jaggery solution from a jointly owned family house. The petitioner argued that he was not in conscious possession of the contraband and that the amended Excise Act of 2018 had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be revoked, otherwise it would be confirmed. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves possession of liquor under the Excise Act.
- Whether the concept of deemed possession and presumed offender applies after the 2018 amendment to the Excise Act.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 37(b), 37(c)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 37
- deemed possession
- joint family property
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89951 of 2025
Arising Out of PS. Case No.-28 Year-2019 Thana- KHIRI MORE District- Patna
======================================================
Mithlesh Manjhi Son of Shivpati Manjhi R/o Kauri, P.S.- Khirimore, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi
Ms.Prerna Rishi
Mr.Nishant Shekhar
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a), 37(b), 37(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 19 litres of liquor along with 800 litres of fermented
jaggery solution from house of all accused persons including the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
Patna High Court CR. MISC. No.89951 of 2025(3) dt.22-01-2026
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question is a joint family property and thus, it cannot be alleged
with certainty that it was the 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, 2018, the
concept of deemed possession and presumed offender has been
done away with.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (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 Khirimore P. S. Case No.28 of 2019, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of more than 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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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