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Patna High Court

Lalan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated conditions.

Summary

Lalan Singh and Rajan Singh were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 12 litres of liquor recovered from their house, which they claim is a joint family property and that they have no conscious possession. They argued that the 2018 amendment to the Excise Act abolished the concept of deemed possession and that they have clean antecedents. The State opposed their prayer for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition to deposit Rs. 2,500 with the Advocates’ Association, pending verification of their criminal antecedents. The order also stipulated that if any antecedent is discovered, the bail could be revoked, but if they are found clean, the bail would be confirmed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment removing the concept of deemed possession affects the applicability of the charge.
  • Whether the joint family nature of the property negates the allegation of possession by the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40409 of 2025
                      Arising Out of PS. Case No.-100 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
           1.     Lalan Singh Son of Shiv Narayan Singh Resident of Sonawa, P.S.-
                  Didarganj, District - Patna (Bihar)
           2.    Rajan Singh @ Ranjan Singh @ Rajan Kumar Son of Shiv Narayan Singh
                 Resident of Sonawa, P.S.- Didarganj, District - Patna (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nikhil Kumar Singh
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 12 litres of liquor from the house of petitioner no. 1.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession
Patna High Court CR. MISC. No.40409 of 2025(3) dt.31-01-2026
                                            2/3




          and presumed offender has been done away with. It is next

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

          such it cannot be alleged with certainty that it were petitioners

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

          house was within knowledge of the petitioners and they came to

          be implicated based on secret information which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation when petitioners admittedly are persons with clean

          antecedent.

                   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 for the petitioners, the petitioners above-named, in the

          event of their 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.

          500/- (Rupees Five Hundred) 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 with

          Didarganj P.S. Case No. 100 of 2025, subject to the conditions

          as laid down under Section Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the
              Patna High Court CR. MISC. No.40409 of 2025(3) dt.31-01-2026
                                                          3/3




                        event if it is found that petitioners have antecedent of even one

                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.

                                 8.     At this stage, the learned counsel for the petitioners

                        based on instruction submits that petitioners undertake to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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