Patna High Court
Bharat Rai @ Bharat Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of criminal antecedents.
Summary
The petitioners, Bharat Rai, Guriya Devi and Sethi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 720 ml of liquor recovered from their joint family house. They argued they have clean antecedents, the liquor was not in their conscious possession, and the 2018 amendment to the Act abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, contending that the alleged offence warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties of Rs.500 each, and subject to verification of any criminal antecedents by the trial court. The order further stipulated that if any antecedent is discovered, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged liquor was recovered from a joint family house and not from the petitioners' conscious possession.
- Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the concept of deemed possession and presumed offender for the purpose of granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24585 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- PATNA CITY CHOWK District- Patna
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1. Bharat Rai @ Bharat Prasad Yadav Son of Ram Chandra Ray Resident of
Village -Lal Imli Motakkar Kuan, Patna City, Sampatchak, Patna
2. Guriya Devi Wife of Bharat Rai @ Bharat Prasad yadav Resident of Village
-Lal Imli Motakkar Kuan, Patna City, Sampatchak, Patna
3. Sethi @ Ranjit Kumar @ Ranjit Kumar yadav son of Bharat Rai @ Bharat
Prasad Resident of Village -Lal Imli Motakkar Kuan, Patna City,
Sampatchak, Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Robin Kumar
For the Opposite Party/s : Mr. Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.2
is a woman and allegation is of recovery of 720 ml of liquor
from house of the petitioner. It is next submitted that petitioners
were not arrested from the spot as such nothing was recovered
from their conscious possession and the house in question is a
Patna High Court CR. MISC. No.24585 of 2026(2) dt.20-04-2026
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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 2018, the concept of
deemed possession and presumed offender has been done away
with and they came to be implicated based on secret information
which is the easiest way to implicate someone without holding a
proper investigation when petitioners admittedly are persons
with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Chowk P.S. Case No.128/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
Patna High Court CR. MISC. No.24585 of 2026(2) dt.20-04-2026
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and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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