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Patna High Court

Sonu Mallik @ Sonu MalikversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order is subject to verification of the petitioner’s criminal antecedents, and the bail may be withdrawn if more than three prior cases are found.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

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
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                                      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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