Patna High Court
Dhiraj Kumar @ Lala JiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Dhiraj Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 30.375 litres of liquor recovered from his joint family house. He argued that he had no direct possession, the liquor was not found on his person, and he has a clean criminal record. The State opposed his request for anticipatory bail. The Court considered the lack of direct possession, the removal of the concept of deemed possession, and the joint family nature of the property. It granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner’s antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted when the alleged liquor is recovered from a joint family house and no direct possession by the petitioner is established
- Whether the removal of the concept of deemed possession under the 2018 amendment affects the bail decision
- Whether Section 482(2) of the CrPC permits the trial court to verify antecedents before confirming anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- possession
- joint family property
- Bihar Prohibition Act
- Section 30
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12176 of 2026
Arising Out of PS. Case No.-581 Year-2025 Thana- DEHRI TOWN District- Rohtas
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Dhiraj Kumar @ Lala Ji Son of Bhola Saw Resident of Village- Trigun Mord,
Sanbim Gali, Ward No. 27, P.S.- Dehri (T), Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30.375 litres of liquor from 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 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
Patna High Court CR. MISC. No.12176 of 2026(2) dt.26-02-2026
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Excise Act in the year 2018, the concept of deemed possession
and presumed offender has been done away with. It is also
submitted that the mother of the petitioner was apprehended
who disclosed to the police that her son fled but then did not
allege that petitioner was involved in the liquor trade but then
police in a mechanical manner investigates and implicates.
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 Dehri (T)
P.S. Case No. 581/2025, 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
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.12176 of 2026(2) dt.26-02-2026
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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/-
U T
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