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Patna High Court

Umesh SadayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioners' criminal antecedent.

Summary

The petitioners, Umesh Saday and Mukesh Kumar Saday, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case alleging offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act for the recovery of 26 litres of liquor from a jointly owned family house. They argued that they have no prior criminal record, that the liquor was not in their conscious possession, and that the 2018 amendment to the Excise Act abolished the concept of deemed possession, making the allegations weak. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedent by the trial court. The order also stipulated that if any antecedent is discovered, the bail may be revoked, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted for alleged offences under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act.
  • Whether the removal of the concept of deemed possession by the 2018 amendment to the Excise Act affects the bail application.
  • Whether the fact that the liquor was recovered from a joint family property negates a presumption of possession by the accused.
  • What conditions should be imposed on provisional anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • liquor possession
  • Excise Act
  • joint family property
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17354 of 2026
                    Arising Out of PS. Case No.-157 Year-2025 Thana- RUDRAPUR District- Madhubani
                 ======================================================
           1.     Umesh Saday Son of Siyalal Saday Resident of Village - Rudrapur,
                  Musahari Tol, P.S.- Rudrapur, District - Madhubani.
           2.    Mukesh Kumar Saday @ Mukesh Saday Son of Siyalal Saday Resident of
                 Village - Rudrapur, Musahari Tol, P.S.- Rudrapur, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Baleshwar Kamat
                 For the Opposite Party/s :      Ms.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 274, 275 of the B.N.S. and Section 30(a) of the Excise

                   Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   allegation is of recovery of 26 litres of liquor from the house of

                   three accused persons including the petitioners.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.17354 of 2026(2) dt.19-03-2026
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          recovered from their conscious possession and even the house in

          question is a joint family property and thus, it cannot be alleged

          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within their

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and they 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. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each 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 Rudrapur P. S. Case No.157 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.17354 of 2026(2) dt.19-03-2026
                                                           3/3




                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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