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Patna High Court

Manish Kumar @ Manish Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, with provisional bail granted subject to verification of antecedents and compliance with stipulated conditions.

Summary

The petitioners, two brothers and their sister, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act, 2022 and several sections of the Bihar Narcotic Substances Act, 2023, alleging that liquor recovered from their father’s joint family house could not be attributed to them. They argued that no liquor was found in their immediate possession, that the property is jointly owned, and that the concept of deemed possession was abolished by the 2018 amendment to the Excise Act. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs 10,000 each with two sureties and verification of the petitioners’ criminal antecedents. The order stipulated that if any petitioner’s antecedent exceeds the disclosed limits, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The court also directed the petitioners to deposit Rs 2,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite alleged possession of liquor in a joint family house.
  • Whether the concept of deemed possession applies post‑2018 amendment to the Excise Act.
  • Whether the petitioners’ criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • excise law
  • joint family property
  • deemed possession
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84386 of 2025
                        Arising Out of PS. Case No.-304 Year-2025 Thana- NADI P.S. District- Patna
                 ======================================================
           1.     Manish Kumar @ Manish Kumar Gupta Son of Sanjay Kumar Mohalla-
                  Fatehjampur PS- Nadi Dist -Patna
           2.    Manjeet Kumar @ Manjeet Kumar Gupta Son of Sanjay Kumar Mohalla-
                 Fatehjampur PS- Nadi Dist -Patna
           3.    Chhoti Kumari Daughter of Sanjay Kumar Mohalla- Fatehjampur PS- Nadi
                 Dist -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Tilak Sao, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act, 2022 as well as Sections

                   191(2)(3), 190, 132, 324(4)(5), 263, 352 and 351(2)(3) of

                   B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedents of two cases under the Excise

                   Act, petitioner no.2 has antecedent of one case under the Excise

                   Act and petitioner no.3 is a person with clean antecedent and is
Patna High Court CR. MISC. No.84386 of 2025(3) dt.31-01-2026
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          a woman and allegation is of recovery of 510 ml. of liquor from

          the house of Sanjay Kumar. It is next submitted that petitioners

          were not arrested from the spot, as such, nothing was recovered

          from their conscious possession and they came to be implicated

          based on the fact that the house from which the alleged recovery

          was made belongs to their father and uncle. It is further

          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 their knowledge and after amendment in the

          Excise Act in the year 2018, the concept of deemed possession

          and presumed offender has been done away with and they came

          to be implicated merely for the reason that they are sons and

          daughter of Sanjay Kumar when from perusal of the allegations,

          as alleged in the FIR, it would manifest that no specific

          allegation is alleged against them.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, are directed to be released on
Patna High Court CR. MISC. No.84386 of 2025(3) dt.31-01-2026
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          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Court of Excise, Patna City in connection

          with Nadi P.S. Case No.304 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioners shall

          verify the criminal antecedent of the petitioners and in the event,

          if it is found that petitioner no.1 has antecedents of more than

          two cases, petitioner no.2 has antecedent of more than one case

          and petitioner no.3 has antecedent of even one case, then it

          would be presumed that petitioners for the purposes of obtaining

          anticipatory bail had concealed their antecedent before this

          Court, in that event, the present provisional anticipatory bail

          order shall not be confirmed, but if on verification, it is found

          that petitioner no.1 has antecedents of only two cases, petitioner

          no.2 has antecedent of only one case and petitioner no.3 is a

          person with clean antecedent, in that event, the provisional

          anticipatory bail order shall be confirmed forthwith.

                       8. At this stage, learned counsel for the petitioners,
               Patna High Court CR. MISC. No.84386 of 2025(3) dt.31-01-2026
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                         based on instruction, submits that petitioners undertake to

                         deposit an amount of Rs.2500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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