Patna High Court
Md. SerajulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to regular bail as there is no conscious possession and the concept of deemed possession has been removed.
Summary
The petitioner, Md. Serajul, was arrested on 25 May 2026 in connection with alleged recovery of 236.535 litres of liquor from his house, a joint family property, under Section 30(a) of the Excise Act. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and that the amended 2018 Excise Act no longer recognizes deemed possession or presumed offender doctrines. The State opposed bail, but the court noted the petitioner’s clean antecedent, lack of direct possession, and the removal of the deemed‑possession concept, concluding there was insufficient ground to deny bail. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Excise Act given the alleged recovery of liquor from a joint family house.
- Whether the amendment to the Excise Act, 2018, which abolishes the concept of deemed possession, affects the bail consideration.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- deemed possession
- joint family property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46310 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- MOTIPUR District- Muzaffarpur
======================================================
Md. Serajul Son of Late Md. Islam Resident of Village- Jhingha, Ps- Motipur,
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is in custody
since 25.05.2026 and allegation is of recovery of 236.535 litres
of liquor from house of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.46310 of 2026(2) dt.10-07-2026
2/2
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated at the instance of
Chaukidar with whom he is on an inimical term.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) 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 Motipur P. S. Case No.72 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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