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Patna High Court

RAJESH PRASADversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

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


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