Patna High Court
Sanjay Rishidev @ Sanjay RidevversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond conditions and verification of his criminal antecedents.
Summary
The petitioner, Sanjay Rishidev, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 58.200 litres of liquor recovered from the courtyard of his joint family house. He argued that he was not arrested at the scene, the liquor was not in his conscious possession, and the allegation stemmed from a hostile chowkidar, questioning the applicability of the deemed possession concept removed by the 2018 amendment. The State opposed his request for anticipatory bail. The court considered these submissions and, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and directed verification of his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence.
- Whether the removal of the deemed possession concept by the 2018 amendment affects the presumption of guilt.
- Whether the petitioner’s alleged involvement, based on a hostile informant, warrants bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- deemed possession
- joint family property
- criminal antecedents
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29073 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- PALASI District- Araria
======================================================
Sanjay Rishidev @ Sanjay Ridev S/O Basudev Rishidev @ Bishandev
Rishidev R/o Village-Dhapri, Ward No.- 01, P.S-Palasi Dist-Araria, State -
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 58.200 litres of liquor from
courtyard of the house of 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
Patna High Court CR. MISC. No.29073 of 2026(2) dt.30-04-2026
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the house or the liquor kept in the house was within his
knowledge and 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 chowkidar with whom he is on an inimical term. It is
also submitted that if chowkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
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.5000/- (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 Palasi P.S. Case No.32/2026, 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
Patna High Court CR. MISC. No.29073 of 2026(2) dt.30-04-2026
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event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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