Patna High Court
Chandan Ray @ Chandan Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The order stipulated that if any antecedent is found, the bail would be withdrawn, but if the petitioner is found to have a clean record, the provisional bail would be confirmed.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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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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
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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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