Patna High Court
Vijay SardarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Vijay Sardar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 12.2 litres of liquor recovered from his house, which is a joint family property. He argued that he had no conscious possession, that the amendment to the Excise Act in 2018 abolished the concept of deemed possession, and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed. The decision rests on interpreting the applicability of Section 30(a) and the procedural safeguards under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act.
- Whether the 2018 amendment removing the concept of deemed possession affects the charge against the petitioner.
- Whether lack of conscious possession and the joint family nature of the property preclude liability.
- Whether the omission of the informant’s name in the FIR undermines the prosecution’s case.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- clean antecedent
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91373 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- TRIVENIGANJ District- Supaul
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Vijay Sardar S/o Laxmi Sardar R/o Village - Daparkha, Nagar Parishad
Triveniganj, Ward No. 27, P.S -Triveniganj, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 12.2 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and 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 his
Patna High Court CR. MISC. No.91373 of 2025(2) dt.12-01-2026
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knowledge and that after amendment in the excise act in the
year 2018, the concept of deemed possession and presumed
offender has been done away with. It is next submitted that he
came to be implicated at the instance of local person, 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.
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.
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
Triveniganj P.S. Case No. 259 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 even
Patna High Court CR. MISC. No.91373 of 2025(2) dt.12-01-2026
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one case 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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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