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Patna High Court

Sudhir Gupta @ Sudhir Kumar Gupta @ Sudhir Kumar Gupta ManikchandversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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