Patna High Court
Mantosh Musahar @ Santosh RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable and Security (BNSS) — s. 482(2)
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
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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
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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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