Patna High Court
Hira Lal @ Hira Chauhan @ Teni ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Hira Lal, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 15.5 litres of liquor from his house. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. He further contended that the house is a joint family property, making it uncertain that he alone kept the liquor, and that the informant’s identity was omitted from the FIR. The State opposed the bail, asserting that the offence warrants arrest. The court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bond with two sureties and directed the trial court to verify the petitioner’s antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where possession of liquor is not established.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the concept of deemed possession and the presumption of offender.
- Whether the joint family nature of the property precludes attributing possession of the liquor to the petitioner.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- deemed possession
- joint family property
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90374 of 2025
Arising Out of PS. Case No.-458 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Hira Lal @ Hira Chauhan @ Teni Chauhan Son of Chote Chauhan R/V - Lal
bag,P.S. - Deepnagar, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Sujata Sinha, Adv
Ms. Shalu Sinha, Adv
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 15.5 litres of liquor from the house of the petitioner.
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
and presumed offender has been done away with. It is next
submitted that the house in question is a joint family property as
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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 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
Deepnagar P.S. Case No. 458 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
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
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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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