Patna High Court
Shivchandra MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Shivchandra Mishra sought anticipatory bail after being implicated in a case under Section 318(5) of the Bihar Negotiable Substances Act, 2023 and several provisions of the Bihar Excise Act for alleged recovery of 89.25 litres of liquor, raw materials and four motorcycles from a house belonging to Ashok Mishra. The petitioner argued that he had no conscious possession of the liquor, that the house was joint family property, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties and verification of the petitioner’s criminal antecedent by the trial court. It directed that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Negotiable Substances Act, 2023.
- Whether the doctrine of deemed possession and presumed offender applies post the 2018 amendment to the Bihar Excise Act.
- Whether ownership of a joint family property can be imputed to the petitioner for the purpose of bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c), 30(d), 30(e), 30(g), 33, 36
- Bihar Negotiable Substances Act, 2023 — s. 318(5), 482(2)
Subjects
- anticipatory bail
- deemed possession
- joint family property
- Bihar Excise Act
- Bihar Negotiable Substances Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43724 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Shivchandra Mishra S/o Audhoya Mishra @ Ayodhya Mishra Resident of
Village - Gangulipara, P.S - Sadar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 318(5) of
the BNS, 2023 read with Sections 30(a)(c)(d)(e)(g), 33 and 36
of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 89.25 liters of liquor from the house of Ashok
Mishra and petitioner along with raw materials as detailed in the
FIR along with four motorcycles.
4. 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.43724 of 2026(2) dt.03-07-2026
2/3
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. It is next submitted that petitioner
came to be implicated merely for the reason that house is
registered in the name of his father.
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.
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
Singhwara P.S. Case No. 82 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
Patna High Court CR. MISC. No.43724 of 2026(2) dt.03-07-2026
3/3
in the event if it is found that petitioner has antecedent of even
one case 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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