Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Shivam Kumar sought anticipatory bail after being implicated in a case under Sections 30(a), 30(c), 30(d), 33 and 36 of the Bihar Excise Act for allegedly possessing 22.360 litres of liquor and 10 litres of spirit recovered from his father's house. He argued that the liquor was stored in a joint family property, he had no conscious possession, and the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner surrendering within six weeks, furnishing bail bonds and sureties, and subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor in a joint family property without conscious possession by the accused.
- Whether the 2018 amendment to the Bihar Excise Act has eliminated the doctrine of deemed possession and presumed offender for the purpose of granting bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90834 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- EXCISE PATORI District- Samastipur
======================================================
Shivam Kumar Son of Mantu Thakur Resident of Village- Surajpur, Ward No.
5, P.S.- Halai, District- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 Sections 30(a),
30(c), 30(d), 33 and 36 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 22.360 liters of liquor along with 10 liters of spirit
from the house of the petitioner’s father.
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
with certainty that it was petitioner who had kept the liquor in
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the house or the liquor kept in the house was within his
knowledge. It is also submitted that after amendment in the
excise act in the year 2018, the concept of deemed possession
and presumed offender has been done away with. It is further
submitted that his father was made to confess the name of the
petitioner, when petitioner admittedly is a person with clean
antecedent.
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 Patory
Excise P.S. Case No. 92 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
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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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