Patna High Court
Ravi Sah @ Ravi Ranjan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, pending verification of the petitioner’s antecedent cases.
Summary
The petitioner, Ravi Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from his joint family house. He argued that no liquor was found in his conscious possession, the house being a joint family property, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. He also questioned why the watchman, who allegedly knew of his involvement, did not inform police earlier. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.20,000 bond, two sureties, and verification of the petitioner’s criminal antecedents, with a condition that the bail would be confirmed only if he has no more than four prior cases.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the amendment to the Bihar Excise Act in 2018 eliminates the doctrine of deemed possession and presumed offender applicable to the petitioner.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- presumed offender
- joint family property
- Section 482(2)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16588 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Ravi Sah @ Ravi Ranjan Kumar Gupta S/o- Dinesh Sah R/v- Goha Ps-
Isuapur Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 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 has antecedent of four cases out of which one case is
under the Excise Act and allegation is of recovery of 3.6 litres of
liquor from the house of Baban and 14.835 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 the house in
question is a joint family property as such it cannot be alleged
Patna High Court CR. MISC. No.16588 of 2026(3) dt.06-04-2026
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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 next 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 and
he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is next submitted that if
Chowkidar was aware about 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.
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.
20,000/- (Rupees Twenty 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
Isuapur P.S. Case No. 229 of 2025, subject to the conditions as
Patna High Court CR. MISC. No.16588 of 2026(3) dt.06-04-2026
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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 four cases 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 has antecedent of four
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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