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Patna High Court

Munna Kumar @ Munna ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of antecedents, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Munna Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 52 litres of liquor and 250 litres of Mahua from his residence, which he claims is a joint family property and that he had no conscious possession or knowledge of the contraband. He argued that the concept of deemed possession was removed by the 2018 amendment and that the informant, a chowkidar, was hostile towards him. The State opposed his application for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify the petitioner’s criminal antecedents, and if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the alleged recovery of liquor from a joint family house.
  • Whether the removal of the concept of deemed possession by the 2018 amendment affects the petitioner’s liability.
  • Whether the petitioner’s criminal antecedent influences the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • Section 482(2)
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28069 of 2026
                  Arising Out of PS. Case No.-139 Year-2026 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Munna Kumar @ Munna Choudhary S/o Vyash Choudhary R/O Vill-
                 Karhameya, PS- Bettiah Mufassil, Distt-West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Gupta
                 For the Opposite Party/s :       Mr. Ram Naresh Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 52 liters of liquor along with 250

                   liters of Mahua Pass at the spot and the said recovery was made

                   from the house of the petitioner and Bihari Choudhary.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.28069 of 2026(2) dt.28-04-2026
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          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 he came to be implicated at the

          instance of Chowkidar with whom he is on an inimical term. It

          is also submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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 before the learned Trial Court

          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 Bettiah

          Muffasil P.S. Case No. 139 of 2026 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.28069 of 2026(2) dt.28-04-2026
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                                   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 more

                      than one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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