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Patna High Court

Anup KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that provisional anticipatory bail may be granted under Section 482(2) of the BNSS, subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Anup Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 126.27 litres of liquor from his residence and nearby premises. He contended that the liquor was not in his conscious possession, the house is joint family property, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, arguing the seriousness of the offence. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if the trial court finds more than one prior case, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith. The decision reflects the court’s balancing of the petitioner’s right to liberty against the need for a thorough investigation.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment removing deemed possession affects the applicability of anticipatory bail.
  • Whether the petitioner’s alleged lack of conscious possession and joint family ownership preclude arrest.
  • Whether Section 482(2) of the BNSS empowers the High Court to grant provisional anticipatory bail pending verification of antecedents.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30857 of 2026
                    Arising Out of PS. Case No.-91 Year-2026 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Anup Kumar S/o Late Ramlal Pawan R/o Village- Banshghat, PS- Chakiya,
                 District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indrajeet Bhushan
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026               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 has antecedent of one case and allegation is of

                   recovery of 126.27 litres of liquor from the house of the

                   petitioner and also from nearby dry well and sewer.

                             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.30857 of 2026(2) dt.07-05-2026
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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 based on secret information which is

          the easiest way to implicate someone without holding a proper

          investigation. It is also submitted that of late police has started

          implicating accused with criminal antecedent, in cases relating

          to Excise for obvious reason.

                   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 before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

          Five 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 Chakia (Motihari

          Chakia) P.S. Case No. 91 of 2026, subject to the conditions as

          laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.30857 of 2026(2) dt.07-05-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than 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 has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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