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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Petitioner Raja Kumar was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 17 litres of liquor recovered from his joint family house. He argued that he had no conscious possession, the house being joint family property, and that the 2018 amendment to the Excise Act eliminated the concepts of deemed possession and presumed offender. He also highlighted that the FIR did not name the informant, casting doubt on the prosecution's case. The State opposed his request for anticipatory bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond and two sureties, and that the trial court verify his criminal antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is not in conscious possession and the concept of deemed possession has been removed.
  • Whether the absence of an informant’s name in the FIR affects the validity of the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • joint family property
  • clean antecedent
  • Section 30(a)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1854 of 2026
                  Arising Out of PS. Case No.-545 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Raja Kumar S/o- Arjun Sahani Village- Bhatahan PS- Muffasil Distt -East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Kumar
                 For the Opposite Party/s :      Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 17 litres of liquor from the 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.1854 of 2026(2) dt.22-01-2026
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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 2018 amendment

          in the Excise Act, the concept of deemed possession and

          presumed offender has been done away with and he came to be

          implicated at the instance of local people, 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.

                   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 Muffasil

          P.S. Case No. 545 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 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
               Patna High Court CR. MISC. No.1854 of 2026(2) dt.22-01-2026
                                                           3/3




                         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 is a

                         person with clean antecedent in that event the provisional

                         anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
sanjay/-

U          T


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