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Patna High Court

Amit Kumar @ Amit PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was provisionally granted, subject to verification of the petitioner’s antecedents, with confirmation contingent on a clean record.

Summary

The petitioner, Amit Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 52 litres of liquor found in a jointly owned house. He argued that he had a clean antecedent, the liquor was not recovered from his immediate possession, and the allegation stemmed from a hostile chowkidar’s complaint, questioning the credibility of the prosecution. The State opposed the petition for anticipatory bail, contending that the allegations warranted arrest. Justice Satyavrat Verma granted provisional anticipatory bail, subject to a bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and not confirmed; otherwise, the bail would be confirmed upon verification of a clean record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor.
  • Whether the concept of deemed possession and presumed offender under the amended Excise Act applies to the petitioner.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • presumed offender
  • clean antecedent
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20332 of 2026
                   Arising Out of PS. Case No.-316 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Amit Kumar @ Amit Paswan Son of Mahesh Paswan Village - Balha, P.S.-
                 Bibhutipur, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Singh
                 For the Opposite Party/s :       Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 52 litres of liquor from house of the 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 amendment in the Excise Act in the year
Patna High Court CR. MISC. No.20332 of 2026(2) dt.17-04-2026
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          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated at the

          instance of chowkidar with whom he is on an inimical term. It is

          also submitted that if chowkidar 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, when petitioner

          admittedly is a person with clean antecedent.

                       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.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 Bibhutipur P.S. Case No.316/2025, 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
             Patna High Court CR. MISC. No.20332 of 2026(2) dt.17-04-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of even one

                       case, in that event, it would be presumed that petitioner 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 is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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