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Patna High Court

Khusilal SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted pending verification of the petitioner’s antecedent, as the alleged possession is not conclusively established.

Summary

The petitioner, Khusilal Sahni, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging that 32 litres of liquor were recovered from his house, which is a joint family property. He argued that he had no prior criminal record, the liquor was not found in his conscious possession, and the concept of deemed possession had been abolished by the 2018 amendment to the Excise Act. The State opposed the bail, contending that the petitioner could be a presumed offender based on the information of the chowkidar and local informant. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be deemed withdrawn, whereas a clean antecedent would lead to confirmation of the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the concept of deemed possession and presumed offender applies post the 2018 amendment to the Bihar Excise Act.
  • Whether the joint family nature of the property affects the attribution of possession to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • joint family property
  • clean antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45472 of 2026
                    Arising Out of PS. Case No.-27 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Khusilal Sahni Son of Late Ajabi Sahni Resident of Village- Baruar, P.S.-
                 Babubarhi, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 32 liters of liquor from house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.45472 of 2026(2) dt.09-07-2026
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          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 came to be implicated at the

          instance of Chowkidar and local person. It is next submitted that

          it does not appear probable that Chowkidar and local person

          would have known who had concealed the liquor in the house.

                       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.

          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

          Babubarhi P.S. Case No. 27 of 2025 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 even

          one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.45472 of 2026(2) dt.09-07-2026
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                      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 is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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