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Patna High Court

AJAY @ AJAY SAO @ GARAI SAO @ AJAY KUMARversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Ajay Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the liquor recovered from his joint family house was not in his conscious possession and that the concept of deemed possession had been abolished after the 2018 amendment. He highlighted his prior criminal antecedents, including a case involving 126.915 litres of liquor, and argued that the investigation was based on secret information without proper proof. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the CrPC, directing verification of his antecedents. The order stipulated that if more than two antecedent cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the petitioner’s alleged lack of conscious possession and joint family ownership of the premises.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • Section 30(a)
  • Section 482
  • Bihar Prohibition and Excise Act
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85289 of 2025
                       Arising Out of PS. Case No.-293 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 AJAY @ AJAY SAO @ GARAI SAO @ AJAY KUMAR S/O LATE
                 DWARIKA SAO RESIDENT OF VILLAGE- RANJIGANJ BHUITOLI,
                 HAT BAZAR, P.S.- IMAMGANJ, DISTRICT- GAYA.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Srivastava, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 126.915

                   litres of liquor from house of the petitioner. It is next submitted

                   that petitioner was not arrested from the spot, as such, nothing

                   was recovered from his conscious possession and 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
Patna High Court CR. MISC. No.85289 of 2025(3) dt.31-01-2026
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          the house or the liquor kept in the house was within his

          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 he came to be implicated based on

          secret information, which is the easiest way to implicate

          someone without holding a proper investigation.

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

          application.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

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

          the like amount each to the satisfaction of learned Court of

          Special Judge, Exclusive Excise Court No.2, Gayaji in

          connection with Imamganj P.S. Case No.293 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 bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.85289 of 2025(3) dt.31-01-2026
                                                           3/3




                         found that petitioner has antecedents of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his 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 has antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes 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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