Patna High Court
Panna Kumar @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C., pending verification of the petitioner’s antecedents.
Summary
The petitioner, Panna Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for allegedly possessing 9.5 litres of liquor recovered from his joint‑family house. He argued that he was not arrested on the spot, that no liquor was found in his conscious possession, and that the 2018 amendment had abolished the doctrine of deemed possession and presumed offender. He further contended that the FIR did not name the informant, casting doubt on the prosecution’s case. The State opposed the grant of anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs 5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C., directing the trial court to verify the petitioner’s criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the abolition of the doctrine of deemed possession after the 2018 amendment precludes the grant of bail.
- Whether the omission of the informant’s name in the FIR affects the propriety of granting anticipatory bail.
- Whether the trial court’s verification of the petitioner’s criminal antecedents is a proper condition for confirming anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- deemed possession
- joint family property
- CrPC Section 438
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60760 of 2025
Arising Out of PS. Case No.-236 Year-2025 Thana- CIVIL LINE District- Gaya
======================================================
Panna Kumar @ Rakesh Kumar S/o Late Gaya Singh R/o Village- Tilha
Dharamshala, P.S.- Civil Lines, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 9.5 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
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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
the local person 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, 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.5,000/- (Rupees Five 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 Civil
Lines P.S. Case No. 236 of 2025, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
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it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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