Patna High Court
Manish Bharti @ Manish Kumar Bharti @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
Manish Bharti sought anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 70,500 litres of liquor from a scooty. He argued that he was not in possession of the vehicle, was not the owner, and that the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The court granted provisional anticipatory bail subject to a bond of Rs.80,000 with two sureties and directed the trial court to verify his criminal antecedent, stating that if more than sixteen prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co-accused made in police custody can form the basis for arrest.
- Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9045 of 2026
Arising Out of PS. Case No.-466 Year-2025 Thana- HISUWA District- Nawada
======================================================
Manish Bharti @ Manish Kumar Bharti @ Manish Kumar Son of Uday singh
@ Budhan Singh Resident Of Village- Hadsa P.s- Hisua District -Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of sixteen cases out of which fourteen
cases are under the Excise Act and allegation is of recovery of
70.500 litres of liquor from a scooty.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized scooty and he came to be implicated based on
confessional statement of Sonu in police custody which does not
Patna High Court CR. MISC. No.9045 of 2026(2) dt.15-04-2026
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have any evidentiary value. It is next submitted that after
amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with. It is further 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. It is also submitted that petitioner earlier
also in similar manner came to be implicated in cases relating to
Excise.
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.80,000/- (Rupees
Eighty 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 Hisua P.S. Case No.
466 of 2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
Patna High Court CR. MISC. No.9045 of 2026(2) dt.15-04-2026
3/3
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
sixteen 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 sixteen cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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