Patna High Court
Baban SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bond conditions and verification of his antecedent cases.
Summary
The petitioner, Baban Sah, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged possession of liquor. He argued that the liquor was recovered from a joint family house, that he was not arrested on the spot, and that the concept of deemed possession had been removed by the 2018 amendment to the Excise Act. The prosecution opposed the bail, contending the seriousness of the offence and the petitioner’s prior five cases under the Excise Act. The court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to verification of his criminal antecedents. The order also stipulated that if more than five prior cases are found, the bail would not be confirmed, but if exactly five are found, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences under Section 30(a) of the Excise Act.
- Whether the removal of the deemed possession concept by the 2018 amendment affects the bail application.
- Whether the petitioner’s prior criminal antecedents influence the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor possession
- joint family property
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18389 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Baban Sah Son of Late Ramdhani Sah Resident of Village- Gangoi (Goha),
P.S.- Isuapur, District- 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.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases under the Excise Act
and allegation is of recovery of 3.600 litres of liquor from the
house of the petitioner and 14.835 litres of liquor from house of
Ravi Sah.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
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with certainty that it was the petitioner, who 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, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated at the instance of
local person/ chaukidar, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner 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 petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.25,000/- (Rupees Twenty Five 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
Patna High Court CR. MISC. No.18389 of 2026(2) dt.01-04-2026
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connection with Isuapur P. S. Case No.229 of 2025, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than five cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 petitioner has antecedent of five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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