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Patna High Court

Guddu Mishra @ Aditya Chandra MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with stipulated conditions.

Summary

Guddu Mishra sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 25.76 litres of liquor from his residence, which he claims is a joint family property and that he had no conscious possession of the liquor. He argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the FIR does not name the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Excise Act where alleged possession is disputed?
  • Does the 2018 amendment to the Bihar Excise Act eliminate the doctrine of deemed possession and presumed offender for bail considerations?
  • Should the lack of a named informant in the FIR affect the grant of anticipatory bail?

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • presumed offender
  • joint family property
  • bail conditions
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88796 of 2025
                      Arising Out of PS. Case No.-317 Year-2025 Thana- Excise P.S. District- Khagaria
                 ======================================================
                 Guddu Mishra @ Aditya Chandra Mishra S/o- Nirmal Mishra @ Nirmal
                 Kumar Mishra R/v- Sanhauli, Ward No 27, Ps- Chitragupta Nagar Dist-
                 Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bambam Kumar, Advocate
                 For the Opposite Party/s :         Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                   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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25.76 liters of liquor from the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.88796 of 2025(2) dt.05-01-2026
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          with certainty that it was petitioner who had kept the liquor in

          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 at the

          instance of local person, 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 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) 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 Khagaria

          Excise P.S. Case No. 317 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
            Patna High Court CR. MISC. No.88796 of 2025(2) dt.05-01-2026
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                      in the 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)
Rishabh/-

U      T


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