Patna High Court
RAJESH PRASADversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, and stipulated that confirmation of bail depends on the outcome of that verification.
Summary
The petitioner, Rajesh Prasad, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 76.075 litres of liquor recovered from his house. He argued that he has a clean antecedent, that the liquor was located in a joint‑family property and that he had no conscious possession or knowledge of it, especially after the 2018 amendment that abolished the concept of deemed possession. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is found, the bail will not be confirmed; if he is found to have a clean record, the provisional bail will be confirmed. The order was made under Section 482(2) of the relevant procedural law.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor was found in a joint‑family house.
- Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession affects the bail application.
- Whether the High Court can impose a provisional bail order subject to verification of the petitioner’s antecedent under Section 482(2).
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- deemed possession
- joint family property
- clean antecedent
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2549 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
RAJESH PRASAD S/O SHIVNANDAN MAHTO R/O VILL.- SARWA
BAZAR KHAS, KOIRI TOLA, P.S.- BARACHATTI, DIST.- GAYA
... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Kumar
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 76.075 litres of liquor from the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and after 2018
amendment in the Excise Act, the concept of deemed possession
and presumed offender has been done away with. It is next
Patna High Court CR. MISC. No.2549 of 2026(3) dt.26-02-2026
2/3
submitted that 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 knowledge of the petitioner. It is further
submitted that he came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation.
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 Barachatti P.S. Case No. 344 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 purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.2549 of 2026(3) dt.26-02-2026
3/3
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.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…