Abhiman Kumar @ Abhimnan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37919 of 2026
                   Arising Out of PS. Case No.-279 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Abhiman Kumar @ Abhimnan Kumar Son of Late Suraj Sahni @ Surat Sahni
                 @ Ram Surat Sahni Resident of Village- Hussepur Nayatola, PS- Sahebganj,
                 District- Muzaffarpur,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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 offences punishable under Sections 30(a) and

                   30(d) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 30 liters of liquor from house-cum-

                   shop of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and the house-

                   cum-shop in question is a joint family property, as such, it
Patna High Court CR. MISC. No.37919 of 2026(2) dt.17-06-2026
                                            2/3




          cannot be alleged with certainty that it was petitioner who had

          kept the liquor in the house or the liquor kept in the house-cum-

          shop 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 with whom he is on

          an inimical term. 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.

                       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, 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.

          10000/- (Rupees Ten Thousand) 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

          Sahebganj P.S. Case No. 279 of 2026 subject to the conditions
            Patna High Court CR. MISC. No.37919 of 2026(2) dt.17-06-2026
                                                        3/3




                      as laid down under Section 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

                      in the event if it is found that petitioner has antecedent of more

                      than two cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T