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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        3/3




                      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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