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Patna High Court

Ghanshyam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of antecedents.

Summary

The petitioners, Ghanshyam Kumar and Kanhaiya Kumar, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 28.440 litres of liquor from their joint family house. They argued that they have clean antecedents, that the liquor was not in their conscious possession, and that the concept of deemed possession was abolished by the 2018 amendment to the Act. The State opposed their request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 each with two sureties and required verification of the petitioners' criminal antecedents within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if they are found clean, the bail would be confirmed forthwith. The petitioners were also directed to deposit Rs. 1500 with the Lawyers’ Association.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment removing the concept of deemed possession affects the liability of the petitioners.
  • Whether the joint family nature of the property negates alleged possession by the petitioners.
  • Whether the petitioners' clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3270 of 2026
                      Arising Out of PS. Case No.-622 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
           1.     Ghanshyam Kumar S/o Krishna Prasad Rastogi R/o vill - Jafarpur, P.S.-
                  Paroo, Distt.- Muzaffarpur
           2.    Kanhaiya Kumar S/o Krishna Prasad Rastogi R/o vill - Jafarpur, P.S.- Paroo,
                 Distt.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyesh Kumar
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 28.440 liters of liquor from house of the petitioners.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.3270 of 2026(2) dt.28-01-2026
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          with certainty that it were petitioners who had kept the liquor in

          the house or the liquor kept in the house was within their

          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 they came to be implicated at the

          instance of Chowkidar and local person, but then it is submitted

          that if Chowkidar and local person were aware of the

          involvement of the petitioners in the occurrence then why they

          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 petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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 Paroo

          P.S. Case No. 622 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.3270 of 2026(2) dt.28-01-2026
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                                   7. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioners and

                      in the event if it is found that any of the petitioners have

                      antecedent of even one case then it would be presumed that

                      petitioners, for the purposes of seeking anticipatory bail, had

                      concealed their antecedent before this Court, as such, the

                      provisional anticipatory bail order shall not be confirmed, but

                      after verification if it is found that petitioners are persons with

                      clean antecedent in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the

                      petitioners, based on instruction, undertakes to deposit an

                      amount of Rs. 1500/- with Lawyers’ Association, Patna High

                      Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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