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Patna High Court

GORE RAJBANSHIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application conditionally, directing provisional bail with verification of antecedents.

Summary

The petitioners, Gore Rajbanshi and Sujit Rajbanshi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a) and 30(c) of the Excise Act for the alleged recovery of liquor from a joint‑family house. They argued that they have no prior criminal record, that the liquor was not in their conscious possession, and that the concept of deemed possession was removed by the 2018 amendment to the Excise Act. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail‑bond of Rs 500 with two sureties and directed verification of the petitioners’ antecedents. It clarified that if any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioners in the alleged Excise offences.
  • Whether the petitioners can be deemed to be in possession of the liquor recovered from the joint‑family house.
  • Effect of the 2018 amendment to the Excise Act on the concept of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • possession
  • joint family property
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9175 of 2026
                    Arising Out of PS. Case No.-446 Year-2025 Thana- NEMDARGANJ District- Nawada
                 ======================================================
           1.     Gore Rajbanshi S/O Uttam Rajbanshi R/O Vill - Kalaunda, P.S.-
                  Nemdarganj, Distt.- Nawada
           2.    Sujit Rajbanshi S/O Gore Rajbanshi R/O Vill - Kalaunda, P.S.- Nemdarganj,
                 Distt.- Nawada

                                                                                ... ... Petitioner/S
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Nandan Prasad
                 For the Opposite Party/s :      Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 30(c) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   allegation is of recovery of 52 litres of liquor from the house of

                   Rekha Devi and 15 litres of liquor from the house of petitioners.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the house in
Patna High Court CR. MISC. No.9175 of 2026(3) dt.30-03-2026
                                            2/3




          question is a joint family property and thus, it cannot be alleged

          with certainty that it was the petitioner, who had kept the liquor

          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 they came to be implicated at the instance

          of Chaukidar with whom they are on an inimical term. It is

          further submitted that if Chaukidar was aware of the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each 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 Nemdarganj P. S. Case No.446 of 2025, subject
               Patna High Court CR. MISC. No.9175 of 2026(3) dt.30-03-2026
                                                           3/3




                         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 petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their 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 petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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