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Patna High Court

Vikash KumarversusThe state of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners’ antecedents and compliance with the stipulated bond and surety conditions.

Summary

The petitioners, Vikash Kumar and Prakash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 244.15 litres of liquor was allegedly recovered from their jointly‑owned house. They argued that the liquor was not in their conscious possession, the property is a joint family house, and the amended Act had done away with the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing verification of the petitioners’ criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order is conditional and remains subject to the trial court’s verification.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when the alleged liquor was not in the petitioners’ conscious possession.
  • Whether the joint family nature of the property and the removal of the deemed‑possession concept affect the bail decision.
  • Whether the petitioners’ prior criminal antecedents should influence the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • joint family property
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38955 of 2026
                    Arising Out of PS. Case No.-241 Year-2026 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
           1.     Vikash Kumar S/o Ramashray Singh @ Ramashray Yadav @ Nanhak Yadav
                  R/o Village- Ramdiha, P.S- Aurangabad, Town, Dist- Aurangabad
           2.     Prakash Kumar S/o Ramashray Singh @ Ramashray Yadav @ Nanhak
                  Yadav R/o Village- Ramdiha, P.S- Aurangabad, Town, Dist- Aurangabad
                                                                            ... ... Petitioner/s
                                                   Versus
                 The state of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 has antecedent of one case and allegation is

                   of recovery of 244.15 litres of liquor from the house of the

                   petitioners as detailed in the FIR.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession. It is further
Patna High Court CR. MISC. No.38955 of 2026(2) dt.18-06-2026
                                            2/3




          submitted that the house in question is a joint family property, as

          such, it cannot be alleged with certainty that it were the

          petitioners who had kept the liquor in the house or the liquor

          kept in the house was within their 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 petitioners came to be implicated

          at the instance of the local person but then it is submitted that it

          does not appear probable that local person would have known

          who had concealed the liquor in the house or else they would

          have informed the police prior to the institution of the instant

          FIR.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees Five Thousand) each 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
           Patna High Court CR. MISC. No.38955 of 2026(2) dt.18-06-2026
                                                       3/3




                     with Aurangabad (Town) P.S. Case No. 241 of 2026, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioners have antecedent of more than

                     one case, it would be presumed that petitioners had concealed

                     their antecedent 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

                     petitioners have antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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