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Patna High Court

Sanjeet Ray @ Sanjeet Kumar @ Sanjeet RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sanjeet Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 48 litres of liquor from his residence, which is a joint family property. He argued that the liquor was not in his conscious possession and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. He further contended that the accusation was based on secret information from unnamed locals, casting doubt on the prosecution’s case. The State opposed the bail, asserting the seriousness of the offence. The Court granted provisional anticipatory bail subject to a bond of Rs. 15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, noting that if more than three prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the concept of deemed possession and presumed offender.
  • Whether the petitioner’s alleged involvement can be established given the joint family ownership of the property.

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84136 of 2025
                     Arising Out of PS. Case No.-254 Year-2025 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Sanjeet Ray @ Sanjeet Kumar @ Sanjeet Rai S/O Late Teni Rai R/o Village-
                 Kasba Ahar (Kasbe Ahar) Ward No. 12, P.S.- Tajpur District- Samastipur

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shashank Shekhar
                 For the Opposite Party/s :         Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026               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 three cases under the Excise Act and

                   allegation is of recovery of 48 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.84136 of 2025(3) dt.22-01-2026
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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. It is further

          submitted that he came to be implicated based on secret

          information and at the instance of local people, but then the

          name of the person, who disclosed the name of the petitioner is

          not disclosed in the FIR, which casts an aspersion on the case of

          the prosecution. It is further submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                   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. 15,000/- (Rupees

          Fifteen 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 Sadar Excise         P.S.
              Patna High Court CR. MISC. No.84136 of 2025(3) dt.22-01-2026
                                                          3/3




                        Case No. 254 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

                        three cases then it would be presumed that petitioner, for the

                        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 three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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