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Patna High Court

Subhash Kumar @ Subhash Chandra RajanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of antecedents.

Summary

The petitioner, Subhash Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 15.75 litres of liquor recovered from his joint family house. He was not arrested at the scene and no liquor was found in his immediate possession, raising doubts about his knowledge and control over the liquor. The petitioner argued that the concept of deemed possession had been removed by the 2018 amendment and that the informant’s identity was omitted from the FIR, undermining the prosecution’s case. The State opposed the anticipatory bail application. The court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession and lack of arrest.
  • Whether the removal of the deemed possession concept and the absence of the informant’s name in the FIR affect the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • provisional 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.25314 of 2026
                      Arising Out of PS. Case No.-60 Year-2026 Thana- ROSERA District- Samastipur
                 ======================================================
                 Subhash Kumar @ Subhash Chandra Rajan S/O Suresh Prasad Azad R/O
                 Village- Mahuli, P.S- Rosera, Distt.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Akela
                 For the Opposite Party/s :       Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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

                   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 15.75 litres of liquor from house of

                   the petitioner.       It is next submitted that petitioner was not

                   arrested 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 knowledge and after
Patna High Court CR. MISC. No.25314 of 2026(2) dt.21-04-2026
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          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 local person

          but then it is submitted that it does not appear probable that

          local person would have known who had concealed liquor in the

          house. It is also submitted that the name of the person who

          disclosed the name of the petitioner is not disclosed in the FIR,

          which casts an aspersion on the case of the prosecution when

          petitioner has not been implicated based on secret information.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.5000/- (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 Rosera P.S. Case No.60/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.25314 of 2026(2) dt.21-04-2026
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                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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