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Patna High Court

Chandan Ray @ Chandan Kumar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Chandan Ray, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for allegedly possessing 27 litres of liquor in his backyard. He argued that the liquor was stored in a joint family house, that he had no conscious possession, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession. The State opposed the bail, contending that the petitioner could be a presumed offender. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is found, the bail would be withdrawn, but if the petitioner is found to have a clean record, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the doctrine of deemed possession and presumed offender applies after the 2018 amendment to the Bihar Excise Act.
  • Whether possession of liquor in a joint family property can be imputed to the petitioner.
  • Whether the court may grant provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44123 of 2026
                        Arising Out of PS. Case No.-89 Year-2026 Thana- NIRMALI District- Supaul
                 ======================================================
                 Chandan Ray @ Chandan Kumar Ray Son of Gaya Prasad Roy Resident of
                 Village- Dighiya, ward No. 04, P.S.- Nirmali, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Pratibha Srivastava, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27 liters of liquor from backyard of petitioner’s

                   house.

                                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

                   question is a joint family property, as such, it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.44123 of 2026(2) dt.07-07-2026
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          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 came to be implicated at the

          instance of Chowkidar. It is next submitted that it does not

          appear probable that Chowkidar would have known who had

          concealed the liquor in the house.

                       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 Nirmali

          P.S. Case No. 89 of 2026 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 even one case

          then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.44123 of 2026(2) dt.07-07-2026
                                                        3/3




                      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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