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Patna High Court

Lalbabu Rai @ Lalbabu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Lalbabu Rai, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of liquor recovered from his house and that of another person. He argued that the liquor was not found in his conscious possession, the house is a joint family property, and the concept of deemed possession was abolished after the 2018 amendment, rendering the accusation weak. The State opposed the bail, contending that the offence is non-bailable. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. The order is subject to Section 482(2) of the Code of Criminal Procedure, and confirmation of the bail will depend on the antecedent verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the abolition of the deemed possession concept after the 2018 amendment affects the bail application.
  • Whether the absence of liquor in the petitioner’s conscious possession and the joint family nature of the property preclude arrest.
  • Whether the police investigation was sufficient to sustain the charge.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • deemed possession
  • joint family property
  • police investigation
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12194 of 2026
                   Arising Out of PS. Case No.-102 Year-2025 Thana- Bhopatpur District- East Champaran
                 ======================================================
                 Lalbabu Rai @ Lalbabu Yadav S/O Jagnnath Rai @ Jagarnath Yadav Resident
                 of Village- Jamuniya, Ward no. 12, P.S.- Bhopatpur, District- East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Karandeep Kumar
                 For the Opposite Party/s :        Mr. Mukesh Kumar 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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor from house of

                   Uday Kumar and 30 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,
Patna High Court CR. MISC. No.12194 of 2026(2) dt.26-02-2026
                                            2/3




          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 and he came to

          be implicated at the instance of local person but then 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. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.5000/- (Rupees five 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
             Patna High Court CR. MISC. No.12194 of 2026(2) dt.26-02-2026
                                                         3/3




                       Bhopatpur P.S. Case No.102/2025, 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 more than

                       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 has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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