Patna High Court
Naval Kishor SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Naval Kishor Sah applied for anticipatory bail under Section 438 of the Cr.P.C. after a case was registered against him for alleged violation of Section 30(a) of the Excise Act involving the recovery of 28.935 litres of liquor from his joint family house. The petitioner argued that he had no conscious possession of the liquor, the property was jointly owned, and the only evidence was a confessional statement by his wife obtained in police custody, while he maintained a clean criminal antecedent. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and that the trial court verify his antecedent; if any prior case is found, the bail may be revoked. The order was subject to the conditions of Section 438(2) Cr.P.C. and the court clarified that confirmation of the bail depends on the antecedent verification.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act where possession is alleged but not proven and the primary evidence is a confessional statement of the accused's spouse.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- possession
- confessional statement
- joint family property
- clean antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37465 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Naval Kishor Sah Son of Rajendra Sah Resident of Maidapur, Ward No. 03,
P.S.- Bochahan, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 28.935 litres of liquor from house of the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.37465 of 2026(2) dt.16-06-2026
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in the house or the liquor kept in the house was within his
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated based on
confessional statement of Soni Devi his wife in police custody.
It is also submitted that police made his wife confessed his
name when admittedly petitioner is a person with clean
antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Bochaha P. S. Case No.73 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.37465 of 2026(2) dt.16-06-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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)
vikash/-
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