Patna High Court
Dharo SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
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
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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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