Patna High Court
Chandrama KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedents.
Summary
The petitioner, Chandrama Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 321.715 litres of liquor from the basement of his house, which is a joint family property. He argued that the liquor was not found in his conscious possession, he has a clean antecedent, and the concept of deemed possession was abolished after the 2018 amendment. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged possession of liquor.
- Whether the amendment to the Excise Act in 2018 eliminating the concept of deemed possession affects the petitioner’s liability.
- Whether the joint family ownership of the property negates the petitioner’s personal culpability.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Act
- joint family property
- deemed possession
- clean antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39533 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- Amhara P.S. (I.I.T.A. Bihta) District-
Patna
======================================================
Chandrama Kumar S/O- Ram Pravesh Yadav R/O Vill.-Daulatpur, P.S.- IIT
Amhara, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar
For the Opposite Party/s : Mr .Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 321.715 litres of liquor from basement of the house
of 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
Patna High Court CR. MISC. No.39533 of 2026(2) dt.22-06-2026
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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 based on secret information which is the easiest
way to implicate someone without holding a proper
investigation when petitioner admittedly is a person with clean
antecedent.
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 IIT Amhara P.S. Case No.116/2026, 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
Patna High Court CR. MISC. No.39533 of 2026(2) dt.22-06-2026
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case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
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/-
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