Patna High Court
RAUSHAN KUMAR @ RAUSHAN MAHTOversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 155.520 litres of liquor recovered from his house. He argued that the liquor was not in his conscious possession, the house is joint family property, and the concept of deemed possession has been abolished, making the allegation tenuous. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, conditioning it on the petitioner surrendering within six weeks, furnishing a bail bond of Rs.20,000 with two sureties, and subject to verification of his criminal antecedents. The order further stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the alleged possession of liquor in a joint family house can be attributed to the petitioner.
- Whether the removal of the doctrine of deemed possession affects the bail consideration.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28333 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- BIBHUTIPUR District- Samastipur
======================================================
RAUSHAN KUMAR @ RAUSHAN MAHTO S/o DINESH MAHTO R/O
Vill.- Saidpur, P.S.- Bibhutipur, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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 four cases under the Excise Act and
allegation is of recovery of 155.520 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.28333 of 2026(2) dt.29-04-2026
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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 the liquor
in the house. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.20,000/- (Rupees twenty 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 Bibhutipur P.S. Case No.41/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
Patna High Court CR. MISC. No.28333 of 2026(2) dt.29-04-2026
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6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four cases, 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 four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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