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Patna High Court

Dharo SawversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of antecedents.

Summary

The petitioner, Dharo Saw, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of 25.5 litres of liquor from his joint family house. He contended that he was not arrested at the scene, the liquor was not in his conscious possession, and the concept of deemed possession had been abolished by the 2018 amendment, making the charge untenable. He also pointed out that the FIR did not disclose the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents by the trial court under Section 482(2) of the BNSS, and stipulated that the bail would not be confirmed if more than one prior case is found.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment removing deemed possession affects the applicability of the charge.
  • Whether the lack of an informant’s name in the FIR undermines the prosecution’s case.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23896 of 2026
                       Arising Out of PS. Case No.-26 Year-2026 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Dharo Saw S/o Late Parmeshwar Saw @ Late Bachchu Saw R/o vill - Lal
                 Babu Gali, ward no. 25, P.S.- Kavaiya, Dist.- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajive Ranjan Singh
                 For the Opposite Party/s :         Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   25-06-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri 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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 25.5 litres of liquor from the house

                   of the petitioner.

                             4.     Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.23896 of 2026(4) dt.25-06-2026
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          the house or the liquor kept in the house was within knowledge

          of the petitioner. It is next submitted that after amendment in

          the 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 at the instance of local people, but

          then the name of the person, who disclosed the name of the

          petitioner, is not disclosed in the 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. 5,000/- (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 Kaviya P.S. Case No.

          26 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 more than one
              Patna High Court CR. MISC. No.23896 of 2026(4) dt.25-06-2026
                                                          3/3




                        case 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 has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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