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Patna High Court

Amarjeet Kumar @ Amar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with conditions under Section 482(2) CrPC.

Summary

The petitioner, Amarjeet Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 40 litres of liquor and 60 litres of raw material recovered from his house, which is a joint family property. He argued that he has a clean antecedent, that the liquor was not in his conscious possession, and that the post‑2018 amendment to the Excise Act abolished the doctrine of deemed possession. The State opposed his request for anticipatory bail. The Court considered these submissions and, noting the lack of arrest and the joint family nature of the property, granted provisional anticipatory bail subject to a bond and sureties, and ordered verification of the petitioner’s criminal antecedent before confirming the bail. If any antecedent is found, the provisional bail would not be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the provisions of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the doctrine of deemed possession applies post‑2018 amendment to the Bihar Excise Act.
  • Whether the joint family ownership of the house negates the allegation of the petitioner’s possession of the liquor.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 30
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28430 of 2026
                     Arising Out of PS. Case No.-152 Year-2025 Thana- Banma Itahari District- Saharsa
                 ======================================================
                 Amarjeet Kumar @ Amar Kumar Son of Late Shankar Chaudhary Resident of
                 Village - Pahlam, Police Station - Banma Ithari, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bipin Kumar
                 For the Opposite Party/s :        Mr.Rajendra Prasad Nat
                 ======================================================
                 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 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 40 litres of liquor from the house of the petitioner

                   along with 60 litres of raw materials, which was destroyed.

                             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 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
Patna High Court CR. MISC. No.28430 of 2026(2) dt.29-04-2026
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          the house or the liquor kept in the house was within knowledge

          of the petitioner. It is next submitted that 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 further submitted that if

          Chowkidar was aware about 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 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 Banma Ithari P.S. Case No. 152 of 2025

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.
              Patna High Court CR. MISC. No.28430 of 2026(2) dt.29-04-2026
                                                          3/3




                                 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

                        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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