Patna High Court
Suraj Kumar @ Suraj Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner, Suraj Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 12.75 litres of liquor from the roof of his joint family house. He argued that the liquor was not in his conscious possession, the house being jointly owned, and that the concept of deemed possession was removed by the 2018 amendment to the Excise Act. He submitted a supplementary affidavit to remove a procedural defect and disclosed four prior excise cases. The State opposed the bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to verification of his criminal antecedent; if more than four prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged possession of liquor in a joint family house constitutes an offence after the 2018 amendment removing deemed possession.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- Section 30(a)
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19286 of 2026
Arising Out of PS. Case No.-352 Year-2025 Thana- KADWA District- Katihar
======================================================
Suraj Kumar @ Suraj Kumar Choudhary S/o- Kanhaiya Choudhary Resident
of Village- Nandanpur PS- Kadwa, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 28-04-2026 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. The learned counsel for the petitioner submits that
the defect as pointed out by the office stands removed by filing
a supplementary affidavit.
4. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act, as
would manifest from the supplementary affidavit and allegation
is of recovery of 12.75 liters of liquor from roof of petitioner.
5. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.19286 of 2026(3) dt.28-04-2026
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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 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 it is submitted that it does not
appear probable that local person would have known who had
concealed the liquor in the house. It is also submitted that if
local person was aware of the involvement of the petitioner 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.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. 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.
20000/- (Rupees Twenty Thousand) with two sureties of the like
Patna High Court CR. MISC. No.19286 of 2026(3) dt.28-04-2026
3/3
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Kadwa
P.S. Case No. 352 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
8. 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 more than four
cases 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 has
antecedent of four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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