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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, subject to verification of the petitioner’s antecedent, provisional anticipatory bail may be granted in the case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act.

Summary

The petitioner, Deepak Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 23.265 litres of liquor from his house and 8.64 litres from another house. He argued that the liquor was stored in a joint family property, he had no conscious possession, and he has a clean criminal antecedent. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his antecedent within six weeks. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether alleged possession of liquor in a joint family house can be attributed to the petitioner.
  • Whether the petitioner’s criminal antecedent is clean for the purpose of granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • liquor possession
  • joint family property
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13187 of 2026
                        Arising Out of PS. Case No.-214 Year-2025 Thana- ITARHI District- Buxar
                 ======================================================
                 Deepak Kumar S/o Baban Chaudhary Resident of Village- Itarhi, P.S.- Itarhi,
                 District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 23.265 liters of liquor from house of the petitioner

                   and 8.64 liters of liquor from house of Ajit Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.13187 of 2026(2) dt.10-03-2026
                                            2/3




          the house or the liquor kept in the house was within his

          knowledge and he came to be implicated at the instance of

          Chowkidar, but then it is 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.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          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 Itarhi P.S.

          Case No. 214 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify 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
            Patna High Court CR. MISC. No.13187 of 2026(2) dt.10-03-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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