Patna High Court
Sonu Mallik @ Sonu MalikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail, directing provisional bail with conditions subject to verification of antecedents.
Summary
The petitioner, Sonu Mallik, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 25.540 litres of liquor from his joint family house. The petitioner argued that the liquor was not found in his conscious possession, the house is a joint family property, and the concept of deemed possession has been removed by the 2018 amendment to the Excise Act. The prosecution opposed the bail, citing the petitioner’s antecedent of three cases, two of which are also under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes bail bonds of Rs.15,000 with two sureties and appears before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedents, and the bail may be withdrawn if more than three prior cases are found.
Issues considered
- Whether anticipatory bail can be granted when alleged possession of liquor is not proven and the property is joint family property.
- Whether the petitioner’s antecedent of three prior cases affects the grant of anticipatory bail.
- Whether the amendment to the Excise Act, 2018, eliminating deemed possession, precludes the prosecution’s case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- deemed possession
- criminal antecedent
- Section 438 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23450 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
Sonu Mallik @ Sonu Malik Son of Late Bigan Mallik @ Bigan Ram Resident
of Mohalla- Slam Basti, Aghoriya Bazar, P.S.- Kazimohammadpur, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Kishore Thakur
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 three cases out of which two
cases are under the Excise Act and allegation is of recovery of
25.540 litres of liquor from the house of the petitioner.
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.23450 of 2026(2) dt.09-04-2026
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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, 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 also submitted
that it absolutely does not stand to reason that how local person
would know who had concealed the liquor.
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.15,000/- (Rupees Fifteen 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 Kazimohammadpur P. S. Case No.23 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.23450 of 2026(2) dt.09-04-2026
3/3
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 three 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 three cases, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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