Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The order stipulated that if any prior case is found, the bail would be withdrawn, otherwise it would be confirmed.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
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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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