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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Akhilesh Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly having 100 litres of liquor recovered from his courtyard. He argued that the liquor was stored in a joint‑family house, that he had no conscious possession, and that the allegation stemmed from a personal dispute between his father and the watchman who implicated him. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, a deposit of Rs.1500 with the Advocates’ Association, and verification of the petitioner’s criminal antecedent. The order stipulated that if any prior case is found, the bail would be withdrawn, otherwise it would be confirmed. Thus, the petitioner was released provisionally pending further verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged possession of liquor can be deemed to be in the petitioner’s conscious possession given the joint‑family ownership of the property.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • possession
  • joint family property
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4714 of 2026
                     Arising Out of PS. Case No.-372 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Akhilesh Kumar S/o Ramjee Singh R/o Village - Neurpokhar, P.S -
                 Jagdishpur, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  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 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 100 liters of liquor from courtyard of the petitioner.

                                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

                   the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.4714 of 2026(2) dt.31-01-2026
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          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 he came to be implicated at the

          instance of Chowkidar with whom his father is on an inimical

          term. It is also submitted that Chowkidar implicated the

          petitioner only with a view to coerce his father into submission.

                       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

          Jagdishpur P.S. Case No. 372 of 2025 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
            Patna High Court CR. MISC. No.4714 of 2026(2) dt.31-01-2026
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                      purposes of 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.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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