Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted anticipatory bail, subject to surrender, bail bonds, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 24.9 litres of liquor from his residence, a joint family property. He argued that the liquor was not in his conscious possession, that the concept of deemed possession had been abolished by the 2018 amendment, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the offence. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedents. It further directed that if more than three prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case of alleged liquor possession under the Bihar Excise Act.
- Whether the removal of the deemed‑possession concept by the 2018 amendment affects the prosecution’s case.
- Whether the omission of the informant’s name in the FIR undermines the charge.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.196 of 2026
Arising Out of PS. Case No.-617 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Kundan Kumar S/o- Akhilesh Kumar @ Akhilesh Chauhan R/v- East
Lohanipur, Hunter Road, Khadpar Ps- Kadamkuan Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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
petitioner has antecedent of three cases out of which two cases
are under the excise act and allegation is of recovery of 24.9
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
Patna High Court CR. MISC. No.196 of 2026(2) dt.15-01-2026
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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. It is also submitted that petitioner
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.
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.
15,000/- (Rupees Fifteen 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
Kadamkuan P.S. Case No. 617 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
Patna High Court CR. MISC. No.196 of 2026(2) dt.15-01-2026
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in the event if it is found that petitioner has antecedent of more
than three 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 three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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