Patna High Court
Shambhu SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Shambhu Saw, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 55 litres of liquor recovered from his house, which is a joint family property. He argued that he has a clean antecedent, was not arrested at the scene, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the furnishing of bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedent. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is in a joint family house.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the concept of deemed possession and presumed offender for the purpose of bail.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail under Section 482(2) of the BNSS.
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11903 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- IMAMGANJ District- Gaya
======================================================
Shambhu Saw S/o- Maheshwar Saw Village- Bahuara P.S-Imamganj District-
Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 55 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
Patna High Court CR. MISC. No.11903 of 2026(2) dt.24-02-2026
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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 based on secret
information which is the easiest way to implicate someone
without holding a proper investigation.
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 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 Imamganj P.S. Case No. 2 of 2026, 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
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.11903 of 2026(2) dt.24-02-2026
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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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