Patna High Court
Bhola Dhangar @ Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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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