Patna High Court
Ashok sardarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedents.
Summary
Ashok Sardar was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 53.875 litres of liquor from his residence, which is a joint family property. He applied for anticipatory bail, arguing that he was not arrested at the scene, no liquor was found in his conscious possession, and that the 2018 amendment to the Excise Act abolished the concept of deemed possession and presumed offender. He further contended that the liquor could have been stored by other family members and that the complaint was filed by a watchman with whom he has an inimical relationship. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the facts.
- Whether the concept of deemed possession and presumed offender, removed by the 2018 amendment, applies to the petitioner’s situation.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58755 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Ashok sardar S/o Sadanand sardar R/o Vill. - Kushmaul, Ward no. 2, P.S. -
Bhargama, District - Araria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 the
petitioner has antecedent of one case and allegation is of
recovery of 53.875 litres of liquor from the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and after 2018
amendment in the Excise Act, the concept of deemed possession
and presumed offender has been done away with. It is next
Patna High Court CR. MISC. No.58755 of 2025(3) dt.06-01-2026
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submitted that 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 knowledge of the petitioner and he came to be
implicated at the instance of Chowkidar with whom he is on an
inimical term.
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.
5,000/- (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
Bhargama P.S. Case No. 186 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 more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.58755 of 2025(3) dt.06-01-2026
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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 has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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