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Patna High Court

Brij Mahto @ Brij Kishore ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed under Section 482(2) of the BNSS.

Summary

The petitioner, Brij Mahto, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Excise Act for allegedly possessing 15 litres of liquor recovered from his joint‑family house. He argued that the liquor was not in his conscious possession, the house is a joint family property, and the confession obtained from a co‑accused in police custody lacks evidentiary value, especially after the 2018 amendment that abolished the doctrine of deemed possession. The State opposed the bail. The Court, after considering the clean antecedent claimed by the petitioner and the lack of direct possession, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal record within six weeks. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Sections 30(a) and 37 of the Bihar Excise Act.
  • Whether the absence of conscious possession and the lack of evidentiary value of a police‑custody confession justify granting anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confession
  • joint family property
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2262 of 2026
                  Arising Out of PS. Case No.-520 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Brij Mahto @ Brij Kishore Choudhary S/o Chandrika Mahto R/o village-
                 Sareya Bazar, P.S.- Paharpur, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar No 2, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 Sections 30(a) and

                   37 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15 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

                   the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.2262 of 2026(2) dt.27-01-2026
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          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 Chowkidar and thereafter his name was confessed

          by Binah 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 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.

          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 Paharpur

          P.S. Case No. 520 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

          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.2262 of 2026(2) dt.27-01-2026
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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 is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Lawyers’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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