Created by Fuzzy Cloud

Patna High Court

Sanjeet Sah @ Gorka @ Gorkha @ Sanjeet SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with bond and sureties, and stipulated conditions for confirmation or revocation.

Summary

The petitioner, Sanjeet Sah, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 4.80 litres of liquor recovered from his house. He argued that he has a clean antecedent, the liquor was not in his conscious possession, and the house is a joint family property, making it uncertain that he stored the liquor. He further contended that the concept of deemed possession was removed by the 2018 amendment to the Excise Act, and that the case was based on secret information without proper investigation. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedent; if any antecedent is found, the bail may be revoked, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when the accused claims no conscious possession and the property is jointly owned.
  • Whether the removal of the deemed‑possession concept by the 2018 amendment affects the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Bihar Prohibition and Excise Act
  • joint family property
  • clean antecedent
  • Section 30(a)
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13923 of 2026
                    Arising Out of PS. Case No.-357 Year-2025 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Sanjeet Sah @ Gorka @ Gorkha @ Sanjeet Sah Son of Late Bahaur Sah @
                 Late Bahur Sah @ Bahor Sah @ Bahur Sah Resident of Village- Saidpur,
                 Jahid, P.S.- Ujiarpur, District- Samastipur (Bihar)
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                   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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 04.80 litres of liquor from the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.13923 of 2026(2) dt.12-03-2026
                                            2/3




          had kept the liquor in 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. It is next

          submitted that petitioner came to be implicated based on the

          secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case.

                       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, let 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 Ujiarpur P.S. Case No. 357 of 2025, subject

          to the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it
           Patna High Court CR. MISC. No.13923 of 2026(2) dt.12-03-2026
                                                       3/3




                     would be presumed that petitioner had concealed his antecedent

                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.