Patna High Court
VIKASH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
Vikash Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from a motorcycle and his house. He argued that the liquor was not in his conscious possession, he was not the owner of the vehicle, and the house was joint family property, making it uncertain that he stored the liquor. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of his criminal antecedents under Section 482(2) of the BNSS, and stipulated that the bail would not be confirmed if multiple antecedents were found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for bail considerations.
- Whether the petitioner’s alleged possession of liquor in a joint family house can be established for the purpose of arrest.
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- Section 30
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62630 of 2025
Arising Out of PS. Case No.-304 Year-2025 Thana- KONCH District- Gaya
======================================================
VIKASH KUMAR S/o Fulchand Chaudhary @ Fulchan Chaudhary R/o
Village- Mana Bigha, PS- Konch, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 750 ml of liquor from a motorcycle
and 33.375 litres of liquor from the house of the petitioner.
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 is not the owner of
the seized vehicle and after 2018 amendment in the Excise Act,
the concept of deemed possession and presumed offender has
Patna High Court CR. MISC. No.62630 of 2025(3) dt.06-01-2026
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been done away with. It is next 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 with whom he is on an inimical term.
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.
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 Konch
P.S. Case No. 304 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 event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.62630 of 2025(3) dt.06-01-2026
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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 one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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