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Patna High Court

Jyoti Kumar @ J.P. @ Jaiprakash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedents; if any antecedent is found, the bail will not be confirmed.

Summary

The petitioner, Jyoti Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 56.5 litres of liquor recovered from his joint family house, invoking sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. He argued he has a clean antecedent, the liquor was not in his conscious possession, and the amended Excise Act no longer recognizes deemed possession. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and directed the trial court to verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional bail will be confirmed. The order is made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail can be granted when the alleged contraband is recovered from a joint family property and the accused claims no personal possession.
  • Whether the concept of deemed possession under the amended Excise Act applies to the petitioner.
  • Whether the trial court must verify the petitioner’s criminal antecedents before confirming the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • liquor seizure
  • joint family property
  • clean antecedent
  • Section 482 CrPC
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12239 of 2026
                       Arising Out of PS. Case No.-1084 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Jyoti Kumar @ J.P. @ Jaiprakash Kumar Son of Baidhnath Sah Resident of
                 village- Kanchanpur, Dhanushi, P.S.- Kartaha, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Singh
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 Sections 274, 275,

                   338, 336(3), 340(2), 318(4), 61(2) and 3(5) of the BNS and

                   Sections 30(a), 30(f), 33 and 36 of Bihar Prohibition and Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 56.5 litres of liquor from house of petitioner along

                   with empty liquor bottle. 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
Patna High Court CR. MISC. No.12239 of 2026(2) dt.15-04-2026
                                            2/3




          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 the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with and he came to be implicated based on secret information

          which is the easiest way to implicate someone without holding a

          proper investigation when petitioner admittedly is a person with

          clean antecedent. It is next submitted that no prudent person

          would use his own premises for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated.

                       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 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 Hajipur Town P.S. Case No.1084/2025, subject

          to the conditions as laid down under Section 482(2) of the
             Patna High Court CR. MISC. No.12239 of 2026(2) dt.15-04-2026
                                                         3/3




                       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

                       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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