Patna High Court
Sudhir Gupta @ Sudhir Kumar Gupta @ Sudhir Kumar Gupta ManikchandversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
Sudhir Gupta was implicated in a case under Section 47(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly possessing 10 litres of liquor recovered from his house, which is a joint family property. The petitioner argued that he had no conscious possession, that the liquor could not be attributed to him, and that the concept of deemed possession was removed after the 2018 amendment. He sought anticipatory bail, contending that the investigation was based solely on secret information without proper inquiry. The State opposed the bail. The High Court, considering the clean antecedent of the petitioner and the lack of direct possession, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify his antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor in a joint family house without conscious possession.
- Whether the amendment to the Bihar Prohibition and Excise Act, 2018 has abolished the concept of deemed possession for Section 47(a).
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied for granting anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 47(a)
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3364 of 2026
Arising Out of PS. Case No.-398 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
District- Jamui
======================================================
Sudhir Gupta @ Sudhir Kumar Gupta @ Sudhir Kumar Gupta Manikchand
S/o Late Vishwanath Sah R/o Vill- Telwa Bazar, P.S.- Simultala, Distt- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Mahto, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 offence punishable under Section 47(a) of the
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 10 litres of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.3364 of 2026(2) dt.28-01-2026
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was within his 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. It is next
submitted that petitioner came to be implicated based on the
secret information which is the easiest way to implicate
someone without holding a proper investigation of the case.
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, let 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 Case No.
398 C-2 of 2015, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.3364 of 2026(2) dt.28-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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