Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 81 litres of liquor from his joint family house. He contended that no liquor was found in his immediate possession, the property was jointly owned, and the concept of deemed possession had been abolished by the 2018 amendment, rendering the police's mechanical implication insufficient. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties of equal amount, and compliance with Section 482(2) of the B.N.S.S. The court directed the trial court to verify the petitioner’s criminal antecedents, stipulating that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the doctrine of deemed possession applies post the 2018 amendment of the Excise Act.
- Whether the police investigation, based on mechanical implication, satisfies the requirements for arrest.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- police investigation
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29677 of 2026
Arising Out of PS. Case No.-249 Year-2026 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Sonu Kumar Son of Mohan Lal R/o East Ramkrishna Dudham Gali, P.S.-
Ramkrishn Nagar, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
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 has antecedent of one case under the Excise Act and
allegation is of recovery of 81 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 amendment in the
Patna High Court CR. MISC. No.29677 of 2026(2) dt.05-05-2026
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Excise Act in the year 2018, the concept of deemed possession
and presumed offender has been done away with he came to be
implicated at the instance of local person but then it is submitted
that 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.5000/- (Rupees five thousands) 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 Ramkrishna Nagar P.S. Case No.249/2026,
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
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event if it is found that petitioner has antecedent of more than
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
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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