Krishna KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12003 of 2026
                        Arising Out of PS. Case No.-4 Year-2026 Thana- BELAGANJ District- Gaya
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                 Krishna Kumar S/o Shailesh Chaudhary R/o Village - Kurisarai, P.S -
                 Belaganj, District - Gaya

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from 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

                   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 the house or the liquor kept in the house was

                   within his knowledge and after amendment in the Excise Act in
Patna High Court CR. MISC. No.12003 of 2026(2) dt.24-02-2026
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          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 Chowkidar with whom he is on an inimical

          term. It is also submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.-2, Gayaji in connection with Belaganj P.S.

          Case No.04 of 2026, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.12003 of 2026(2) dt.24-02-2026
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                         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 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T