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Patna High Court

Satyendra Patel @ Satyendra RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Satyendra Patel, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 20 litres of liquor recovered from his house, which he claims is joint family property and that he had no knowledge or possession of the liquor. He asserted a clean criminal antecedent and argued that the concept of deemed possession was abolished after the 2018 amendment to the Excise Act. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing bail bonds and two sureties, and conditioned the confirmation of bail on verification of his antecedent by the trial court. The order also stipulated that if any antecedent is found, the provisional bail would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is in a joint family house and the accused claims no actual possession.
  • Whether the 2018 amendment to the Bihar Excise Act eliminating the concept of deemed possession affects the bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56805 of 2025
                    Arising Out of PS. Case No.-151 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Satyendra Patel @ Satyendra Rai S/o Harnan Patel R/o Village- Kalyanpur
                 Brit, P.S.- Kotwa, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026               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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 litres of liquor from the house of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession

                   and presumed offender has been done away with. It is next

                   submitted that the house in question is a joint family property as
Patna High Court CR. MISC. No.56805 of 2025(3) dt.05-01-2026
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          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 knowledge of the petitioner and he came to be

          implicated at the instance of local people, but then the name of

          the person, who disclosed the name of the petitioner is not

          disclosed in the FIR, which casts an aspersion on the case of the

          prosecution.

                   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 Kotwa

          P.S. Case No. 151 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 purposes of
              Patna High Court CR. MISC. No.56805 of 2025(3) dt.05-01-2026
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                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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