Patna High Court
Sarvan Kumar @ Sarvan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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with two sureties, subject to verification of the petitioner’s criminal antecedents and a clause that the bail may be withdrawn if more than two prior cases are found.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
- B.N.S.S. — s. 482(2)
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
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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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