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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.

Summary

The petitioner, Gaurav Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 40.56 litres of liquor recovered from his house, which is a joint family property. He argued that the liquor was not in his conscious possession, that the concept of deemed possession was abolished by the 2018 amendment, and that the only evidence was a confessional statement made by his father while in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The Court considered the submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent. The order stipulates that if any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged possession of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the concept of deemed possession applies post‑2018 amendment, thereby affecting the charge.
  • Whether a confessional statement made by the petitioner’s father while in police custody is admissible as evidence.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • confessional statement
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46516 of 2026
                       Arising Out of PS. Case No.-156 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Gaurav Kumar Son of Ganga Singh R/O Village - Katarmala, P.S.- Goraul,
                 District - Vaishali At present R/O Late Dinesh Sah, Mohalla - Khajpura, P.S.-
                 Hawai Adda, District - Patna
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Chandra Gandhi, Advocate
                 For the Opposite Party/s :        Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-07-2026                   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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40.56 litres of liquor from the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.46516 of 2026(2) dt.15-07-2026
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          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 based on the

          confessional statement of his father in police custody which

          does not have any evidentiary value in the eye of law. It is also

          submitted that no father would implicate his own son until

          pressurize.

                       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 appearing on behalf of the petitioner, let 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 Goraul P.S. Case

          No. 156 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.46516 of 2026(2) dt.15-07-2026
                                                       3/3




                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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