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Patna High Court

Sanjay Rishidev @ Sanjay RidevversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Sanjay Rishidev, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 8 litres of liquor were allegedly recovered from his joint family house. He argued that no liquor was found in his immediate possession, the property is jointly owned, and the concept of deemed possession was removed by the 2018 amendment, making the police reliance on secret information improper. The State opposed the bail, contending the offence warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the alleged liquor was recovered from a joint family house and no direct possession is established.
  • Whether the removal of the concept of deemed possession by the 2018 amendment precludes the prosecution from proceeding on the basis of secret information.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • deemed possession
  • secret information
  • joint family property
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22214 of 2026
                         Arising Out of PS. Case No.-449 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Sanjay Rishidev @ Sanjay Ridev Son of Bishandev Rishidev R/o Village -
                 Dhapri, Ward No.- 01, P.S.- Palasi, District - Araria, State - Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Jha
                 For the Opposite Party/s :        Ms. Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 8 litres of liquor from house of the

                   petitioner. It is next submitted that 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 with certainty that it was 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
Patna High Court CR. MISC. No.22214 of 2026(2) dt.08-04-2026
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          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 based on secret information which is the easiest

          way to implicate someone. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees 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

          connection with Palasi P.S. Case No.449/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.22214 of 2026(2) dt.08-04-2026
                                                         3/3




                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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