Patna High Court
Amit Kumar @ Amit PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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