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Patna High Court

RAUSHAN KUMAR @ RAUSHAN MAHTOversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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