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Patna High Court

Chitrajiwi Pratap Singh @ Prince Kumar Singh @ Chiranjiwi Pratap SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.7705 of 2026(2) dt.23-02-2026
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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
              Patna High Court CR. MISC. No.7705 of 2026(2) dt.23-02-2026
                                                          3/3




                        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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