Patna High Court
Govind Urawn @ Govind UranwversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Govind Urawn, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing five litres of liquor found in the courtyard of his joint‑family house. He argued that the liquor was not in his conscious possession, that the house is jointly owned, and that he has a clean criminal record. The State opposed the bail, contending that the alleged possession sufficed for prosecution. The Court considered the amendment of 2018 which abolished the doctrine of deemed possession and presumed offender, and noted that the allegation was based solely on the testimony of a watchman and a local resident. It granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s antecedents by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean antecedent would lead to immediate confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where alleged possession is not proven.
- Whether the doctrine of deemed possession applies after the 2018 amendment.
- Whether the petitioner’s clean antecedent warrants provisional bail pending verification.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- joint family property
- deemed possession
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45485 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- DHAMDAHA District- Purnia
======================================================
Govind Urawn @ Govind Uranw S/o Late Gundeo Uraon ReResident of
Village - Churku Tola Bhotia, P.S.- Dhamdaha, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from courtyard of the house of
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.45485 of 2026(2) dt.09-07-2026
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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 at the instance of chowkidar and local person but
then it is submitted that it does not appear probable that
chowkidar and local person would have known that who had
concealed the liquor.
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.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 Dhamdaha P.S. Case No.62 of 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 even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.45485 of 2026(2) dt.09-07-2026
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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