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Patna High Court

Sanni KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Sanni Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing nine litres of liquor recovered from his house, which is a joint family property. He argued that he had no prior criminal record, the liquor was not found in his conscious possession, and the concept of deemed possession had been removed by the 2018 amendment. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the removal of the concept of deemed possession affects the petitioner’s liability.
  • Whether the petitioner’s clean antecedent warrants provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31373 of 2026
                   Arising Out of PS. Case No.-32 Year-2026 Thana- AKBARNAGAR District- Bhagalpur
                 ======================================================
                 Sanni Kumar S/O Vibash Mandal Resident of village- Kishanpur, P.s.-
                 Akbarnagar, District- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9 liters of liquor from house of the petitioner.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.31373 of 2026(2) dt.12-05-2026
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          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 at the

          instance of Chowkidar with whom he is on an inimical term.

                       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.

          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

          Akbarnagar P.S. Case No. 32 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

          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
            Patna High Court CR. MISC. No.31373 of 2026(2) dt.12-05-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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