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Patna High Court

Dhiraj Kumar @ Lala JiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                         3/3




                       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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