Patna High Court
Bhola Uraon @ Bhola UranversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted conditionally, subject to bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Bhola Uraon, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that no liquor was recovered from his conscious possession and that the premises involved were joint family property. He argued that the 2018 amendment abolished the concepts of deemed possession and presumed offender, and questioned the credibility of the informant (chowkidar). The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents and conditions under Section 482(2) of the CrPC. The court clarified that if more than one antecedent case is found, the provisional bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and the joint family nature of the property negate the charge.
- Whether the 2018 amendment eliminating deemed possession affects the bail decision.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.368 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- Pothia District- Katihar
======================================================
Bhola Uraon @ Bhola Uran Son of Sohar Uranv @ Sohare Uraon Resident of
Village - Dumar Aadiwaisi Tola, P.O. - Dumar, P.S. - Pothia, District -
Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 40 litres of liquor from house of the
petitioner and 45 litres of liquor from house of Manoj Uraon. It
is next submitted that petitioner was not arrested 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
Patna High Court CR. MISC. No.368 of 2026(2) dt.15-01-2026
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kept the liquor in the house or the liquor kept in the house 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 and he came to be implicated
at the instance of Chowkidar but then it is submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned District and
Patna High Court CR. MISC. No.368 of 2026(2) dt.15-01-2026
3/3
Additional Sessions Judge Exclusive Special Excise Court-II,
Katihar in connection with Pothia P.S. Case No.132 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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