Created by Fuzzy Cloud

Patna High Court

Uttam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

Uttam Kumar, a resident of Salarpur, sought anticipatory bail after an FIR was lodged alleging that 1.875 litres of liquor were recovered from his house, violating Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no conscious possession of the liquor, the property is jointly owned, and the amendment to the Excise Act in 2018 abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the allegation was sufficient to proceed. The court, noting the petitioner’s clean antecedent and the lack of direct evidence of possession, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and conditions under Section 482(2) of the B.N.S.S. The trial court was directed to verify the petitioner’s antecedents and confirm the bail if no prior cases are found; otherwise, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the amendment removing deemed possession and presumed offender affects the applicability of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Bihar Prohibition and Excise Act
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38891 of 2026
                     Arising Out of PS. Case No.-155 Year-2026 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Uttam Kumar S/o Shambhu Singh Resident of Village- Salarpur, Ward No.
                 10, P.S.- Parbatta, District- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Verma
                 For the Opposite Party/s :       Mr. Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1.875 litres of liquor from house of the petitioner. 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

                   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
Patna High Court CR. MISC. No.38891 of 2026(2) dt.18-06-2026
                                            2/3




          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 it does

          not appear probable that would have known who has concealed

          liquor in the house or else he would have informed the police

          prior to institution of the instant FIR.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Parbatta P.S. Case No.155/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.38891 of 2026(2) dt.18-06-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.