Patna High Court
Teni SoniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Teni Soni, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 13 litres of liquor recovered from his joint‑family house. He argued that no arrest was made at the scene, the liquor was not in his conscious possession, and the concept of deemed possession had been abolished by the 2018 amendment. The State opposed his prayer for anticipatory bail. The court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegation of possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the abolition of the concept of deemed possession by the 2018 amendment affects the petitioner’s liability.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62303 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Teni Soni S/o Late Lakshmi Seth @ Lakshmi Narayan Saw Resident of Purvi
Mohan Bigha, Ward no. 15, P.S. - Dehri, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
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
Bihar Prohibition and 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 13 litres of liquor from the house of
the petitioner. It is next submitted that petitioner was not
arrested 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 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
Patna High Court CR. MISC. No.62303 of 2025(3) dt.06-01-2026
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amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with and he came to be implicated at the instance of 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
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 Dehri (T)
P.S. Case No.92/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
Patna High Court CR. MISC. No.62303 of 2025(3) dt.06-01-2026
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had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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