Patna High Court
GORE RAJBANSHIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 30(c)
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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