Patna High Court
Rajesh GiriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Petitioner Rajesh Giri sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 36 litres of liquor from his residence, which is a joint family property. He argued that he had no conscious possession of the liquor and that the 2018 amendment to the Excise Act abolished the doctrine 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 modest bail bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedent within six weeks. The order further stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the doctrine of deemed possession applies post the 2018 amendment to the Bihar Excise Act.
- Whether ownership of a joint family property affects liability for possession of illicit liquor.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30(a)
- Bihar Excise Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5963 of 2026
Arising Out of PS. Case No.-1417 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
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Rajesh Giri S/O Late Hari Giri R/O village - Belahiya Giri Tola, P. S -
Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 36 litres of liquor from the house of the petitioner
apart from other recoveries as detailed in the FIR.
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
Patna High Court CR. MISC. No.5963 of 2026(2) dt.03-02-2026
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submitted that 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 knowledge of the petitioner and he came to be
implicated at the instance of Chowkidar but then it is submitted
that if the Chowkidar was aware about 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.
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 Ahiyapur
P.S. Case No. 1417 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
Patna High Court CR. MISC. No.5963 of 2026(2) dt.03-02-2026
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event if it is found that petitioner has antecedent of even one case
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 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 submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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