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Patna High Court

Dinesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Dinesh Prasad, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act for allegedly possessing 15.12 litres of liquor recovered from his joint‑family house. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the concept of deemed possession was abolished by the 2018 amendment to the Excise Act. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act where possession of liquor is not proven and the concept of deemed possession has been removed.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify provisional anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • joint family property
  • clean antecedent
  • provisional bail
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17434 of 2026
                   Arising Out of PS. Case No.-48 Year-2026 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Dinesh Prasad S/o Late Nakchhed Prasad S/O Village-Nawka Tola, Ward No.-
                 42 Police Station-bettiah Muffasil District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 Sections 30(a), 32

                   and 41(1) 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 15.12 liters of liquor from house of the petitioner.

                                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

                   the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.17434 of 2026(2) dt.19-03-2026
                                            2/3




          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, when petitioner admittedly is a person with clean

          antecedent.

                       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 Bettiah

          Muffasil P.S. Case No. 48 of 2026 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.17434 of 2026(2) dt.19-03-2026
                                                        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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