Patna High Court
Shiv Kumar @ Shiva YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents, with confirmation contingent on the finding that he does not have more than two prior cases.
Summary
The petitioner, Shiv Kumar (Shiva Yadav), sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 19.125 litres of liquor from a semi‑constructed house that is part of a joint family property. He contended that he was not arrested on the spot, no liquor was found in his conscious possession, and the house being under construction meant none of the family members resided there, raising doubts about his knowledge of the liquor. He further argued that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, making the charge untenable. The State opposed the bail, asserting the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents. If more than two prior cases are found, the provisional bail will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
- Whether the petitioner’s prior two cases under the Excise Act affect his eligibility for anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- deemed possession
- presumed offender
- joint family property
- prior convictions
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16575 of 2026
Arising Out of PS. Case No.-1104 Year-2025 Thana- JAHANABAD District- Jehanabad
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Shiv Kumar @ Shiva Yadav S/o- Rajaram Yadav Village- Erki PS and Distt-
Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Paras Nath
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 19.125 litres of liquor from a semi-
constructed house of the petitioner.
4. Learned counsel for the petitioner submits that the
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 who had kept the liquor in
Patna High Court CR. MISC. No.16575 of 2026(3) dt.06-04-2026
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the house or the liquor kept in the house was within knowledge
of the petitioner. It is next submitted that after amendment in
the Excise Act in the year 2018, the concept of deemed
possession and presumed offender has been done away with. It
is also submitted that the house is under construction, as such
none of the family members are staying there and thus it appears
that someone inimical to the family members concealed meagre
amount of liquor with an intent to implicate entire family
members.
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.
10,000/- (Rupees Ten 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
Jahanabad P.S. Case No. 1104 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
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
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 has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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