Patna High Court
Jogindra Sahani @ Yogendra SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedents, and stipulated that the bail will be confirmed only if he is found to have a clean record.
Summary
Jogindra Sahani sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 50 litres of liquor recovered from his house, which is a joint family property. He argued that he was not arrested at the scene, had no conscious possession, and has a clean criminal record, further contending that the concept of deemed possession was removed by the 2018 amendment and that the FIR lacked disclosure of the informant. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish 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 will not be confirmed; if he is found to have a clean record, the bail will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when the accused was not arrested at the spot and the property is jointly owned.
- Whether the removal of the concept of deemed possession by the 2018 amendment affects the prosecution's case.
- Whether the trial court must verify the petitioner’s criminal antecedents before confirming anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- liquor
- Bihar Prohibition and Excise Act
- joint family property
- clean antecedent
- Section 30(a)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29093 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- KORHA District- Katihar
======================================================
Jogindra Sahani @ Yogendra Sahani S/o Sakaldeo Sahani Resident of Village-
Musapur, Ward No. 5, P.S.- Korha, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Sah
For the Opposite Party/s : Mr. Braj Kishore Pd.
======================================================
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 is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from 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 amendment in the Excise Act in the year
Patna High Court CR. MISC. No.29093 of 2026(2) dt.30-04-2026
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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 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, when
petitioner has not been implicated based on secret information
and is a person with clean antecedent.
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 Korha P.S. Case No.27/2026, 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
Patna High Court CR. MISC. No.29093 of 2026(2) dt.30-04-2026
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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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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