Patna High Court
Amarjeet Kumar @ Amar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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 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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