Patna High Court
Binod Nat @ Bonod Singh @ Vinod KhalifaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Binod Nat, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 10 litres of liquor recovered from his joint family house. He argued that the liquor was not in his conscious possession, the house is jointly owned, and the concept of deemed possession was removed by the 2018 amendment, questioning the basis of the accusation. The petitioner sought anticipatory bail, contending that the complaint originated from a hostile chowkidar and that proper investigation was lacking. The State opposed the bail. The High Court granted provisional anticipatory bail, conditioned on a bail bond of Rs. 15,000 with two sureties and mandated verification of the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the petitioner’s alleged lack of conscious possession and joint family ownership negate liability.
- Whether the petitioner’s criminal antecedent exceeding three cases bars anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Non-Compulsory (BNSS) or applicable statute containing Section 482 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- criminal antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41712 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Binod Nat @ Bonod Singh @ Vinod Khalifa Son of Shukal Nat @ Shukal
Singh Resident of village - Bhawanipur Dakshin Matwaram Nat Toli, P.S.-
Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 10 litres of liquor from the house of
the petitioner.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.41712 of 2026(2) dt.30-06-2026
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with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner. It is next submitted that 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 at the instance of Chowkidar with
whom he is on an inimical term. It is next submitted that if
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his 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. 15,000/- (Rupees
Fifteen Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.41712 of 2026(2) dt.30-06-2026
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satisfaction of the learned trial court where the case is
pending/successor court in connection with Sangrampur P.S. Case
No. 368 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and in
the event if it is found that petitioner has antecedent of more than
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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