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Patna High Court

Sarvan Kumar @ Sarvan RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents.

Summary

Sarvan Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 3.420 litres of liquor recovered from his joint‑family house. The petitioner argued that the liquor was not seized from his conscious possession, the house is jointly owned, and the FIR does not disclose the informant, making the charge tenuous, especially after the 2018 amendment that abolished the doctrine of deemed possession. The State opposed the bail. The court granted provisional anticipatory bail on condition of a Rs.10,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents and a clause that the bail may be withdrawn if more than two prior cases are found. The order was made under Section 482(2) of the B.N.S.S. and pending verification, the bail is to be confirmed if antecedents are limited to two cases.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the absence of seizure from the petitioner’s conscious possession and the joint‑family nature of the property negate the charge
  • Whether the 2018 amendment removing deemed possession affects the bail application

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • joint family property
  • criminal antecedents
  • Section 30
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17727 of 2026
                    Arising Out of PS. Case No.-38 Year-2026 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Sarvan Kumar @ Sarvan Ram S/O Krishna Ram R/O Mohalla- Chira Kothi,
                 Harijan Colony, Near Nala, P.S- Budha Colony, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar
                 For the Opposite Party/s :      Ms. Asha Kumari
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 3.420 litres of liquor from house of

                   thee 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 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
Patna High Court CR. MISC. No.17727 of 2026(2) dt.19-03-2026
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          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 at the instance of local person

          but then the name of the person who disclosed the name of the

          petitioner is not disclosed in the FIR which casts an aspersion

          on the case of the prosecution.

                       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.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 Buddha Colony P.S. Case No.38/2026, 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 more than

          two cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.17727 of 2026(2) dt.19-03-2026
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                       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 has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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