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Patna High Court

Bhola Dhangar @ Bhola KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted where the petitioner has a clean antecedent and no concrete proof of possession, subject to verification of his criminal record.

Summary

Bhola Dhangar sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging that 10 litres of illicit liquor were recovered from his joint‑family house. The petitioner argued that he had no conscious possession, the house was a joint family property, and he had a clean criminal record. The State opposed the bail, contending that the recovery implicated the petitioner. The court noted that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession and that no proper investigation linked the petitioner to the liquor. Consequently, the court granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents, and directed that the bail be confirmed only if the antecedent check remained clean.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where alleged possession is not proven.
  • Whether the 2018 amendment removing the concept of deemed possession affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • Bihar Prohibition and Excise Act
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13609 of 2026
                  Arising Out of PS. Case No.-518 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Bhola Dhangar @ Bhola Kumar Son of Jairam Chaudhary @ Jairam Dhangar
                 Resident of Village - Lalgahr Farm, Dhangar Toli, P.S. - Mufassil, District -
                 West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sujeet Kumar
                 For the Opposite Party/s :       Mr. Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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 offence punishable under Section 30(a) 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 38 litres of liquor from houses of three accused

                   persons, out of which, 10 litres of liquor is alleged to have been

                   recovered 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
Patna High Court CR. MISC. No.13609 of 2026(2) dt.12-03-2026
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          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 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.

                       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 Muffasil P.S. Case No.518/2025, 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
             Patna High Court CR. MISC. No.13609 of 2026(2) dt.12-03-2026
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                       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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