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Patna High Court

Ladan Kumar @ Laddan Kumar @ Rameshwar MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail conditions.

Summary

The petitioner, Ladan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 132.74 litres of liquor from his joint family house. He contended that the liquor was not in his conscious possession, that the concept of deemed possession was abolished after the 2018 amendment, and that the complaint originated from a watchman rather than direct police knowledge. The State opposed the bail, arguing the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and required verification of the petitioner’s criminal antecedent. It stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be made final.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor is not in the accused's conscious possession.
  • Whether the amendment removing the concept of deemed possession affects the bail application.
  • Whether the petitioner’s prior criminal antecedent (two cases) disqualifies him from anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5765 of 2026
                   Arising Out of PS. Case No.-267 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Ladan Kumar @ Laddan Kumar @ Rameshwar Mukhiya S/o Vikram
                 Mukhiya R/o Village - Bairiya, Parsauni, Ward no. 2, P.S - Nautan, District -
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the excise act and

                   allegation is of recovery of 132.74 liters of liquor from house 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
Patna High Court CR. MISC. No.5765 of 2026(2) dt.03-02-2026
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          with certainty that it was 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 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 at the instance of Chowkidar, but then it

          is submitted that if Chowkidar was aware of the involvement of

          the petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant 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.

          10,000/- (Rupees Ten Thousand) 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 Nautan

          P.S. Case No. 267 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.5765 of 2026(2) dt.03-02-2026
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                                   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 more

                      than two cases then it would be presumed that petitioner, for the

                      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 has antecedent of two

                      cases only, 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.

                      5000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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