Patna High Court
Khusilal SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The order stipulated that if any prior case is discovered, the bail would be deemed withdrawn, whereas a clean antecedent would lead to confirmation of the bail.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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable (BNSS) — s. 482(2)
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
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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
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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
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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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