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Patna High Court

Baban SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.18389 of 2026(2) dt.01-04-2026
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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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