Patna High Court
Saligram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedents, with confirmation contingent on a clean record.
Summary
The petitioner, Saligram Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged possession of liquor and destruction of Jawa Mahua at a property that is part of a joint family. He argued that he has a clean antecedent, that no liquor was recovered from his conscious possession, and that the concept of deemed possession was removed by the 2018 amendment, making the charge untenable. The prosecution opposed his request for anticipatory bail, citing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the removal of the deemed possession concept post-2018 amendment precludes the charge against the petitioner.
- Whether the absence of recovery from conscious possession and the lack of an informant's name in the FIR affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- possession of liquor
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1025 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Saligram Kumar S/o Krishnandan Mahto R/o Village- Billo, P.S.- Ramgrah
Chowk, Distt- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from house of the petitioner and 10
litres of Jawa Mahua was destroyed from a brewery behind 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 is not the owner of the brewery
and the house in question is a joint family property as such it
cannot be alleged with certainty that it was petitioner, who had
Patna High Court CR. MISC. No.1025 of 2026(2) dt.20-01-2026
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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 local person but the name of the person who
disclosed the name of the petitioner is not disclosed in the 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. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Ramgarh
Chowk P.S. Case No.193/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.1025 of 2026(2) dt.20-01-2026
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event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
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)
amit/-
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