Patna High Court
Jaylal NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Jaylal Nat, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 60 litres of liquor were recovered from his jointly‑owned house. He contended that he was not arrested at the scene, no liquor was found in his conscious possession, and the concept of deemed possession had been abolished by the 2018 amendment, making the charge based on secret information. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S., directing the trial court to verify the antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of seizure from the petitioner’s conscious possession and the joint‑family ownership of the property negate the presumption of possession.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming the bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32, 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42482 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- Bhopatpur District- East Champaran
======================================================
Jaylal Nat S/O Late Shambhu Nat Resident of village- Bajhiya Nat Toli @
Tola Bajhiya, PS- Bhopatpur, district- East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
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 offence punishable under Sections 30(a), 32,
41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 60 litres of liquor from house of the
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
house was within his knowledge and after amendment in the
Patna High Court CR. MISC. No.42482 of 2026(2) dt.30-06-2026
2/3
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.
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.5000/- (Rupees five thousand) 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 Bhopatpur P.S. Case No.40/2026, 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 more than
one 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
Patna High Court CR. MISC. No.42482 of 2026(2) dt.30-06-2026
3/3
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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