Patna High Court
Lalan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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