Created by Fuzzy Cloud

Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s criminal antecedent, and that the 2018 amendment eliminates the presumption of deemed possession.

Summary

The petitioner, Karan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from his house and that of another person. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and the house is a joint family property, making it uncertain that he kept the liquor. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order conditioned that the trial court verify the petitioner’s criminal antecedent, and if more than one prior case is found, the bail would not be confirmed; otherwise it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the removal of the concept of deemed possession by the 2018 amendment precludes a presumption of possession.
  • Whether the petitioner’s prior criminal antecedent affects the grant or confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 30(a)
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21488 of 2026
                     Arising Out of PS. Case No.-740 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Karan Kumar S/o Vinod Ram R/o Village - Gardanibagh, P.S - Gardanibagh,
                 District - Patna
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :      Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 10.08 litres of liquor from the house

                   of the petitioner and 30.5 litres of liquor from the hosue of

                   Badal Kumar @ Ajay Ram.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.21488 of 2026(2) dt.01-04-2026
                                            2/3




          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.

                       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, let 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.5,000/- (Rupees Five 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 Gardanibagh P.S. Case No. 740 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.21488 of 2026(2) dt.01-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.