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Patna High Court

Krishan Kumar Ray @ Krishan Kumar @ JhanduversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Krishan Kumar Ray, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of 4.5 litres of liquor from his house and Rs.112.98 worth from a pickup vehicle. He argued that the liquor was not in his conscious possession, the house is joint family property, and the concept of deemed possession was abolished after the 2018 amendment, making the allegations untenable. The State opposed the bail, contending the seriousness of the offences. The Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.30,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. It directed that if more than six prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment to the Excise Act in 2018 eliminates the doctrine of deemed possession and presumed offender.
  • Whether the petitioner’s prior criminal antecedent (more than six cases) affects the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10218 of 2026
                       Arising Out of PS. Case No.-146 Year-2025 Thana- PUSA District- Samastipur
                 ======================================================
                 Krishan Kumar Ray @ Krishan Kumar @ Jhandu S/o Ram Bharat Ray R/o
                 Village - Madapur Chapra, P.S - Pusa, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 has antecedent of six cases under the Excise Act and

                   allegation is of recovery of 4.5 liters of liquor from house of the

                   petitioner and 112.98 from a pick up vehicle.

                                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 is not the

                   owner of the seized vehicle and the house in question is a joint

                   family property, as such, it cannot be alleged with certainty that
Patna High Court CR. MISC. No.10218 of 2026(3) dt.16-03-2026
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          it was 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. It is next submitted that petitioner came to be implicated

          based on secret information which is the easiest way to

          implicate someone. It is also 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.

          30,000/- (Rupees Thirty 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 Pusa P.S.

          Case No. 146 of 2025 subject to the conditions as laid down
            Patna High Court CR. MISC. No.10218 of 2026(3) dt.16-03-2026
                                                        3/3




                      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 more than six

                      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 six cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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