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Patna High Court

Subodh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedent.

Summary

The petitioners, Subodh Singh and his son Santosh Kumar, applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 9 litres of liquor found in their joint family house. They argued they have clean antecedents, that no liquor was recovered from their conscious possession, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court considered these submissions and, invoking Section 482(2) of the Code of Criminal Procedure, ordered provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties, and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail. If any antecedent is discovered, the bail would not be confirmed for that petitioner. The order is subject to the usual conditions of anticipatory bail.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act involving alleged possession of liquor.
  • Whether the 2018 amendment removing deemed possession and presumed offender concepts bars arrest of the petitioners.
  • Whether lack of conscious possession and joint family ownership of the premises negate liability.
  • Whether the petitioners' criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • deemed possession
  • presumed offender
  • joint family property
  • criminal antecedent
  • Section 482
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17193 of 2026
                      Arising Out of PS. Case No.-7 Year-2026 Thana- CHAUTHAM District- Khagaria
                 ======================================================
           1.     Subodh Singh S/o Late Banarsi Singh R/o Village- Nawada, PS- Chautham,
                  Distt- Khagaria
           2.    Santosh Kumar @ Pankaj Singh S/o Subodh Singh R/o Village- Nawada,
                 PS- Chautham, Distt- Khagaria

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

                                                           ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandan Kumar Kashyap
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 9 litres of liquor from the house of the petitioners.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and the house in

                   question is a joint family property as such it cannot be alleged
Patna High Court CR. MISC. No.17193 of 2026(2) dt.19-03-2026
                                            2/3




          with certainty that it were petitioners who had kept the liquor in

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

          of the petitioners. 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 further submitted that they came to be implicated at the

          instance of Chowkidar with whom they are on an inimical term.

          It is next submitted that if Chowkidar was aware about the

          involvement of the petitioners 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 petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each

          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 Chautham P.S. Case No. 7 of 2026 subject to

          the conditions as laid down under Section Section 482(2) of the
              Patna High Court CR. MISC. No.17193 of 2026(2) dt.19-03-2026
                                                          3/3




                        BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioners have antecedent of even one

                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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