Patna High Court
CR. MISC./47182/2026 of Ganesh Manjhi Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47182 of 2026 Arising Out of PS. Case No.-195 Year-2026 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ganesh Manjhi S/o Late Paragan Manjhi Resident of Village- Harajpur, Ward No 15,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47182 of 2026
Arising Out of PS. Case No.-195 Year-2026 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
Ganesh Manjhi S/o Late Paragan Manjhi Resident of Village- Harajpur, Ward No 15, PS- Muffasil, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Karandeep Kumar
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
15-07-2026
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 Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 29 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner was not apprehended 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 petitioner who had kept the liquor in Patna High Court CR. MISC. No.47182 of 2026(2) dt.15-07-2026
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. It is next submitted that it does not appear probable that local person would have known who had concealed the liquor in the house.
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. 500/- (Rupees Five Hundred) 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 Muffasil P.S. Case No. 195 of 2026 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 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 seeking anticipatory bail, had concealed his antecedent before this Patna High Court CR. MISC. No.47182 of 2026(2) dt.15-07-2026
Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T