Patna High Court
AJIT SINGH @ AJIT KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted, subject to verification of antecedents, under Section 482(2) of the B.N.S.S.
Summary
Ajit Singh, a resident of Mirganj, Purnia, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 3.33 litres of liquor recovered from his house, which is a joint family property. He argued that he was not arrested at the scene, the liquor was not in his conscious possession, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed his prayer for anticipatory bail. The Court considered the submissions and, invoking Section 482(2) of the B.N.S.S., ordered provisional anticipatory bail on the condition of a Rs.500 bail bond and two sureties, subject to verification of the petitioner’s criminal antecedents. If the petitioner is found to have a clean record, the provisional bail will be confirmed; otherwise, it will not be confirmed. The order thus provides temporary relief while allowing the trial court to verify the petitioner’s background.
Issues considered
- Whether anticipatory bail is appropriate where alleged possession of liquor is not in conscious possession and the property is jointly owned.
- Effect of the 2018 amendment removing deemed possession and presumed offender on liability under Section 30(a) of the Bihar Prohibition and Excise Act.
- Conditions under Section 482(2) of the B.N.S.S. for granting provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- excise law
- clean antecedent
- provisional bail
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28779 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- MIRGANJ District- Purnia
======================================================
AJIT SINGH @ AJIT KUMAR SINGH S/O HARENDRA PRASAD SINGH
@ HARDEV SINGH Resident Of Village- Kathbazra, Ward No 06, Po-
Mirganj, Ps- Mirganj, District- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Kumar Singh
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-07-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3.33 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
Patna High Court CR. MISC. No.28779 of 2026(3) dt.09-07-2026
2/3
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
based on secret information which is the easiest way to
implicate someone, 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.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 Mirganj P.S. Case No.23/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
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 even one
case, 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
Patna High Court CR. MISC. No.28779 of 2026(3) dt.09-07-2026
3/3
on verification 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)
amit/-
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