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Patna High Court

Sunil KoraversusThe state of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sunil Kora, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 360 litres of liquor from his motorcycle and house. He argued that he was not arrested on the spot, that the liquor was not in his conscious possession, and that the house is a joint family property, making it uncertain that he stored the liquor. He further contended that the 2018 amendment abolished the doctrine of deemed possession and that the case was based solely on a confessional statement of another accused, which lacks evidentiary value. The State opposed the anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the doctrine of deemed possession applies post‑2018 amendment and whether the confessional statement of another accused can form the basis for arrest.
  • Whether the petitioner’s alleged joint family ownership of the house negates the presumption of possession.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • deemed possession
  • confessional statement
  • joint family property
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24724 of 2026
                      Arising Out of PS. Case No.-25 Year-2026 Thana- DHARHARA District- Munger
                 ======================================================
                 Sunil Kora S/O Bagudha Kora @ Aghnu Kora Resident of village - Bajhi
                 Tand Barmasia, P.S- Dharahra, District- Munger
                                                                       ... ... Petitioner/s
                                                   Versus
                 The state of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kamal Nayan, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 offences punishable under Sections 30(a) and

                   32 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 360 litres of liquor from a

                   motorcycle and from the house of the petitioner as detailed in

                   the FIR.

                                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.24724 of 2026(2) dt.20-04-2026
                                            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. It is next

          submitted that petitioner came to be implicated based on the

          confessional statement of apprehended accused in police

          custody which does not have any evidentiary value in the eye of

          law. It is also submitted that once an accused is implicated in a

          case relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person,

          confessional statement or secret information without holding a

          proper investigation of the case.

                       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 appearing on behalf of 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 Dharahra P.S. Case
           Patna High Court CR. MISC. No.24724 of 2026(2) dt.20-04-2026
                                                       3/3




                     No. 25 of 2026, 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

                     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


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