Created by Fuzzy Cloud

Patna High Court

Ashok sardarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.