Patna High Court
Sone Lal Yadav @ Sonalal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with bail conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sone Lal Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 14.04 litres of liquor recovered from his joint family house. He argued that the liquor was not in his conscious possession, that the property is jointly owned, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than two prior excise cases, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
- Whether the amendment to the Bihar Excise Act removing deemed possession affects the liability of the petitioner.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- deemed possession
- joint family property
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13273 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Sone Lal Yadav @ Sonalal Yadav S/o Suresh Yadav R/o Village - Maduaha,
P.S - Nautan, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 has antecedent of two cases under the Excise Act and
allegation is of recovery of 14.04 liters of liquor from 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
with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.13273 of 2026(2) dt.10-03-2026
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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 Chowkidar with whom he is on an inimical term.
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.
10,000/- (Rupees Ten Thousand) 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 Nautan
P.S. Case No. 38 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 more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.13273 of 2026(2) dt.10-03-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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