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Patna High Court

Surendra GoswamiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that, notwithstanding the allegations, the petitioner is entitled to provisional anticipatory bail subject to verification of his antecedent and compliance with conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Surendra Goswami, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 45 litres of liquor and 225 litres of fermented jawa mahua recovered from his house, which were destroyed on the spot. He contended that he had a clean antecedent, that the liquor was not in his conscious possession, and that the house was joint family property, making it uncertain whether he knew of the liquor. He also argued that the 2018 amendment to the Excise Act had abolished the concept of deemed possession and that the informant’s identity was omitted from the FIR. The State opposed his prayer for anticipatory bail. The High Court, after considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is found, the bail would not be confirmed, but if the petitioner is found to have a clean record, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 30(a) of the Bihar Excise Act when the alleged liquor is not in the accused's conscious possession and the premises are joint family property.
  • Whether the 2018 amendment removing the concept of deemed possession affects the grant of anticipatory bail.
  • Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84462 of 2025
                       Arising Out of PS. Case No.-239 Year-2025 Thana- Excise P.S. District- Arwal
                 ======================================================
                 Surendra Goswami S/o- Late Kamat Goswami Resident Of Village- Walidad
                 Ward No 4, Ps- Mahendiya, Dist- Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nityanand Neeraj
                 For the Opposite Party/s :        Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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 45 litres of liquor from the house of the petitioner

                   along with 225 litres of fermented jawa mahua, which was

                   destroyed at the spot.

                             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
Patna High Court CR. MISC. No.84462 of 2025(3) dt.23-02-2026
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          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 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 at the instance of local

          people, but then the name of the person, who disclosed the name

          of the petitioner is not disclosed in the FIR, which casts an

          aspersion on the case of the prosecution.

                   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 Arwal Excise P.S. Case No. 239 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
              Patna High Court CR. MISC. No.84462 of 2025(3) dt.23-02-2026
                                                          3/3




                        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

                        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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