Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Krishna Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 10.8 litres of liquor recovered from a joint family house, part of a total seizure of 83.91 litres. He contended that he had no conscious possession, the property was jointly owned, and the amendment to the Excise Act in 2018 had abolished the concepts of deemed possession and presumed offender. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties and directed verification of his criminal antecedent. If any prior case is found, the bail would be revoked; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act and Section 482(2) of the BNSS.
- Whether the concept of deemed possession and presumed offender applies post the 2018 amendment.
- Whether the joint family nature of the property negates the allegation of conscious possession.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- liquor possession
- Bihar Prohibition and Excise Act
- joint family property
- deemed possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22274 of 2026
Arising Out of PS. Case No.-192 Year-2026 Thana- DIGHA District- Patna
======================================================
Krishna Kumar Son of Sanjay Mahto Resident of Kurji, Chasma Centre Gali,
P.S.- Digha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
total recovery of 83.91 liters of liquor from house of the accused
person out of which 10.8 liters liquor is alleged to have been
recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
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
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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
2018, the concept of deemed possession and presumed offender
has been done away with and he came to be implicated at the
instance of his agnate having similar name Krishna in police
custody which does not have any evidentiary value.
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 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 Digha P.S. Case No. 192 of 2026 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
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.22274 of 2026(2) dt.08-04-2026
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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 clean antecedent, in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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