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Patna High Court

Mantosh Musahar @ Santosh RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail, subject to verification of criminal antecedent, under Section 482(2) of the BNSS.

Summary

The petitioners, Mantosh Musahar and Gita Devi, sought anticipatory bail after a FIR alleged that 40 litres of liquor were recovered from their residence under Section 30(a) of the Bihar Excise Act. They argued they have clean antecedents, the liquor was in a joint family house, and the 2018 amendment to the Excise Act eliminated the concept of deemed possession. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act.
  • Whether the 2018 amendment removing deemed possession applies to the present facts.
  • Whether the joint family nature of the property precludes attribution of possession to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84356 of 2025
                       Arising Out of PS. Case No.-154 Year-2025 Thana- AGIAON District- Bhojpur
                 ======================================================
           1.     Mantosh Musahar @ Santosh Ram S/O Late Jawahir Musahar R/O Village-
                  Barap Musahartoli, P.S- Agiaon Garhani, Distt.- Bhojpur.
           2.    Gita Devi W/O Santosh Ram @ Mantosh Musahar R/O Village- Barap
                 Musahartoli, P.S- Agiaon Garhani, Distt.- Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Uday Kumar
                 For the Opposite Party/s :       Ms.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from the house of petitioners

                   along with other recoveries made from different place as

                   disclosed in the FIR.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.84356 of 2025(3) dt.17-01-2026
                                            2/3




          recovered from their 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

          submitted that the house in question is a joint family property as

          such it cannot be alleged with certainty that it were petitioners

          who had kept the liquor in the house or the liquor kept in the

          house was within knowledge of the petitioners. It is further

          submitted that they 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 petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          500/- (Rupees Five Hundred) each 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 Agiaon

          Garhani P.S. Case No. 154 of 2025, subject to the conditions as

          laid down under Section Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the
              Patna High Court CR. MISC. No.84356 of 2025(3) dt.17-01-2026
                                                          3/3




                        event if it is found that petitioners have antecedent of even one

                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are 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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