Patna High Court
Pappu Sah @ Pappu Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with the bail to be confirmed only if a clean antecedent is established.
Summary
The petitioner, Pappu Sah, was implicated under Section 30(a) of the Bihar Excise Act for alleged possession of 40.86 litres of liquor recovered from his joint family house. He contended that he had no conscious possession, possessed a clean antecedent, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession. The petitioner also argued that the informant, a chowkidar with whom he had an inimical relationship, failed to inform the police earlier, casting doubt on the prosecution's case. The State opposed the grant of anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession under Section 30(a) of the Bihar Excise Act.
- Whether the 2018 amendment removing the concept of deemed possession affects the applicability of the charge.
- Whether the petitioner’s claim of clean antecedent and lack of conscious possession justifies anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- clean antecedent
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20098 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- BIBHUTIPUR District- Samastipur
======================================================
Pappu Sah @ Pappu Kumar Sah S/o Shankar Sah Resident of Village -
Kalyanpur Ward No.-9, Police Station - Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
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
petitioner is a person with clean antecedent and allegation is of
recovery of 40.86 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.20098 of 2026(2) dt.31-03-2026
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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 and 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 of 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.
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
Bibhutipur P.S. Case No. 33 of 2026 subject to the conditions as
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 even one case
Patna High Court CR. MISC. No.20098 of 2026(2) dt.31-03-2026
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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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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