Patna High Court
Chitrajiwi Pratap Singh @ Prince Kumar Singh @ Chiranjiwi Pratap SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Chitrajiwi Pratap Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 40.68 litres of liquor. He argued he has a clean antecedent, the liquor was found in a joint family house, and no conscious possession could be established, especially after the 2018 amendment that removed the concept of deemed possession. The State opposed the bail, contending the alleged offence warranted detention. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the bail may be revoked; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is not in conscious possession.
- Whether the amendment removing deemed possession affects the bail application.
- Whether the joint family nature of the property precludes attribution of possession to the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- clean antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7705 of 2026
Arising Out of PS. Case No.-548 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Chitrajiwi Pratap Singh @ Prince Kumar Singh @ Chiranjiwi Pratap Singh
S/O Pramod singh R/O Vill.- Phakuli, P.s.- Muffasil, Dist.- Chhapra, Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 40.680 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 after 2018
amendment in the Excise Act, the concept of deemed possession
and presumed offender has been done away with. It is next
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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. It is further
submitted that he came to be implicated based on secret
information which is the easiest way to implicate someone.
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 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 Mufassil P.S. Case No. 548 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 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
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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.
(Satyavrat Verma, J)
Sumit/-
U T
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