Patna High Court
Dashrath BhuiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties and verification of his antecedent.
Summary
Dashrath Bhuiya applied for anticipatory bail under Section 438 of the Cr.P.C. after a case was registered under Section 30(a) of the Excise Act for the alleged recovery of 82 litres of liquor from his house, which is a joint family property. The petitioner argued that he was not arrested, no liquor was found in his conscious possession, and he has a clean antecedent. The State opposed the bail, contending that the liquor was found at his premises. The court noted that the amendment to the Excise Act in 2018 had done away with the concept of deemed possession, and that the allegations were based on secret information without proper investigation. Accordingly, the court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedent, with the bail to be confirmed or cancelled based on that verification.
Issues considered
- Whether anticipatory bail can be granted when alleged possession of liquor is not proven and the accused has not been arrested.
- Whether the removal of the concept of deemed possession under the 2018 amendment to the Excise Act affects the grant of anticipatory bail.
- What conditions may be imposed on provisional anticipatory bail pending verification of the accused’s antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- joint family property
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.607 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- INDRAPURI District- Rohtas
======================================================
Dashrath Bhuiya Son of Mohan Bhuiya Resident of Village- Patanwa, P.S.-
Indrapuri, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 82 litres of liquor from the house and a place
behind the 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.607 of 2026(2) dt.15-01-2026
2/3
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 secret
information, which is the easiest way to implicate someone
without holding a proper investigation.
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
Indrapuri P. S. Case No.166 of 2025, 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
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.607 of 2026(2) dt.15-01-2026
3/3
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/-
U T
Checking your session…