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Patna High Court

Rajesh Kumar HansdaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Rajesh Kumar Hansda, sought anticipatory bail after the police registered a case alleging he possessed 10 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he has a clean antecedent, the liquor was found in a joint family house, and he had no conscious possession, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties, verification of the petitioner’s antecedent, and a deposit of Rs.1,500 with the High Court Legal Services Committee. The order is conditional on verification; if any antecedent is found, the bail may be revoked, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act when the accused claims lack of conscious possession and joint family ownership.
  • Whether the amendment removing deemed possession and presumed offender affects the bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • joint family property
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5583 of 2026
                      Arising Out of PS. Case No.-270 Year-2025 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 Rajesh Kumar Hansda S/O Mahesh Hansda R/O Village- Baljora, Police
                 Station- Laxmipur, District- Jamui.
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 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

                   had kept the liquor in the house or the liquor kept in the house

                   was within his knowledge and after amendment in the Excise
Patna High Court CR. MISC. No.5583 of 2026(2) dt.03-02-2026
                                            2/3




          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

          secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case.

                       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, let 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 Laxmipur

          P.S. Case No. 270 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 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
           Patna High Court CR. MISC. No.5583 of 2026(2) dt.03-02-2026
                                                       3/3




                     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.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the High Court Legal

                     Services Committee, Patna within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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