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Patna High Court

Jokhan MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.

Summary

Jokhan Mahto sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging recovery of liquor from his joint family house and from Munni Devi's house. The petitioner argued that he had no conscious possession of the liquor, the property is jointly owned, and the concept of deemed possession was abolished by the 2018 amendment. He also highlighted his clean antecedent and questioned why the chowkidar, who allegedly knew of his involvement, did not inform police earlier. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s antecedents, with confirmation contingent on a clean record. The order directs the trial court to confirm the bail if no prior cases are found, otherwise it will not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act given the facts.
  • Whether the doctrine of deemed possession applies after the 2018 amendment of the Excise Act.
  • Whether the petitioner’s clean criminal antecedent justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • deemed possession
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90944 of 2025
                 Arising Out of PS. Case No.-328 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Jokhan Mahto S/o Late Chaturi Mahto Resident of Village- Harpur, Police
                 Station- Piprakothi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar
                 For the Opposite Party/s :       Ms. Meena Singh
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 litres of liquor from house of the petitioner and 6

                   litres of liquor from house of Munni Devi. 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

                   the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.90944 of 2025(2) dt.12-01-2026
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          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 chowkidar but then it is submitted that if chowkidar

          was aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to institution of the

          instant FIR which casts an aspersion on the case of the

          prosecution, when petitioner admittedly is a person with clean

          antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 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

          Piprakothi P.S. Case No.328/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter
             Patna High Court CR. MISC. No.90944 of 2025(2) dt.12-01-2026
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                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of even one

                       case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification 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)
amit/-

U        T


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