Patna High Court
Anil SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail under Section 438 CrPC, subject to verification of the petitioner’s criminal antecedent.
Summary
Anil Sah applied for anticipatory bail under Section 438 of the CrPC in connection with a case under Section 30(a) of the Excise Act, where police alleged recovery of 2.875 litres of liquor from his house. The petitioner argued that the liquor was in a joint‑family property, that he had no conscious possession, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession. He also highlighted his antecedent of six prior Excise cases and contended that the investigation was based on secret information. The State opposed the bail. The High Court, after considering the submissions, ordered provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 30,000 with two sureties and that the trial court verify his criminal antecedent, revoking bail if more than six prior cases are found. The application was allowed subject to these conditions.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence under Section 30(a) Excise Act is based on alleged possession without conscious control.
- Whether the removal of the doctrine of deemed possession by the 2018 amendment to the Excise Act affects the grant of anticipatory bail.
- Whether the petitioner’s antecedent of six prior Excise cases bars the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- deemed possession
- joint family property
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6812 of 2026
Arising Out of PS. Case No.-504 Year-2025 Thana- PALASI District- Araria
======================================================
Anil Sah Son of Amar Lal Sah Resident Of VIllage- Baluaa, (Kaliyaganj),
Ward No 9, Ps- Palasi, Dist -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 has antecedent of six cases under the Excise Act
and allegation is of recovery of 2.875 litres of liquor from 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.6812 of 2026(2) dt.19-02-2026
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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. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
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.30,000/- (Rupees Thirty 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 Palasi P. S. Case No.504 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.6812 of 2026(2) dt.19-02-2026
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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
found that petitioner has antecedent of more than six cases, 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 has antecedent of six cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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