Patna High Court

Anil Sah @Anil Kumar SahversusThe State Of Bihar

Decided: 29 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Anil Sah, sought anticipatory bail fearing arrest in a case alleging recovery of 140.94 litres of liquor from his courtyard, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that the liquor was in a joint‑family house, he had no conscious possession, and he has a clean criminal record. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail may be cancelled; otherwise, it will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

Whether anticipatory bail can be granted when alleged possession of liquor is not in conscious possession of the accused.
Whether the amendment removing the concepts of deemed possession and presumed offender affects bail considerations under the Bihar Prohibition and Excise Act.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
possession
liquor
Bihar Prohibition and Excise Act
joint family property
clean antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28347 of 2026
                      Arising Out of PS. Case No.-115 Year-2026 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Anil Sah @Anil Kumar Sah S/O Ram Chandra sah R/O Vill.- Sine, Neem
                 Chowk, P.S- Kanti, Dist-Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok
                 For the Opposite Party/s :       Mr. Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 140.94 litres of liquor from courtyard of the 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
Patna High Court CR. MISC. No.28347 of 2026(2) dt.29-04-2026
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          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 person

          but then it is submitted that it does not appear probable that

          local person would have known who had concealed the liquor in

          the house.

                       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.500/- (Rupees five hundred) 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 Kanti P.S. Case No.115/2026, 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 even one

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

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.28347 of 2026(2) dt.29-04-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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