Patna High Court
Ghanshyam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
3/3
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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