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Patna High Court

Teni SoniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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