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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.

Summary

Aman Kumar sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from his house and from Vijay Rai's house. He argued that he has a clean antecedent, that the liquor was located in joint family property and that he had no conscious possession, especially after the 2018 amendment which removed the concept of deemed possession. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. If any antecedent is found, the bail will not be confirmed; if he is found to have a clean record, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is disputed.
  • Whether the 2018 amendment removing deemed possession affects the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • Bihar Excise Act
  • Section 30(a)
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42634 of 2026
                      Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Aman Kumar Son of Ram Babu Ray Resident of Village- Ward No. 4, Harpur
                 Mahmadda, P.S.- Pusa, District- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rambabu Yadav
                 For the Opposite Party/s :         Mr. Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-07-2026                  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. The defect/s, as pointed out by the office, is hereby

                   ignored.

                                4. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6 liters of liquor from house of the petitioner and

                   242.250 liters of liquor from house of Vijay Rai.

                                5. Learned       counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and the house in
Patna High Court CR. MISC. No.42634 of 2026(2) dt.02-07-2026
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          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 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.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       7. 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.

          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 Excise

          P.S. Case No. 81 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       8. 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 even one case
            Patna High Court CR. MISC. No.42634 of 2026(2) dt.02-07-2026
                                                        3/3




                      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 is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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