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Patna High Court

Deepak Sah @ Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

In the absence of any material linking the petitioner to the seized liquor and jaggery and given that the amendment to the Bihar Prohibition and Excise (Amendment) Act, 2018, has done away with the concept of deemed possession, the petitioner is entitled to provisional anticipatory bail.

Summary

The petitioner, Deepak Sah, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, after 20 litres of liquor and 30 kilograms of jaggery were seized from an auto‑rickshaw and a motorcycle. He asserted that he neither owned the vehicles nor had the seized items in his conscious possession and that the only link to him was a confessional statement made by a co‑accused, Mithu, while in police custody. The petitioner highlighted his clean antecedent and argued that the 2018 amendment had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The court, noting the lack of direct evidence against the petitioner and the removal of deemed possession by the amendment, ordered provisional anticipatory bail subject to a modest bond, sureties and verification of any criminal antecedent, with the bail to be confirmed only if the petitioner is found to have a clean record.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not in possession of the seized contraband and the only evidence is a confessional statement of a co‑accused.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act, which removed the doctrine of deemed possession, precludes the presumption of guilt for the petitioner.
  • Whether Section 482(2) of the B.N.S.S. applies to the grant of provisional anticipatory bail in this context.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • confessional statement
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 30(a)
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10327 of 2026
                    Arising Out of PS. Case No.-751 Year-2025 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Deepak Sah @ Deepak Kumar Son of Shivji Sah Resident of Mohalla- Sadha,
                 Dahiyawa, Adda No. 2, P.S.- Mufassil, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shekhar Harshvardhan
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 litres of liquor along with 30 kilograms of

                   Jaggery from an Auto and a motorcycle was seized. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of any of the seized vehicle and he came to be

                   implicated based on confessional statement of Mithu in police

                   custody which does not have any evidentiary value. It is next
Patna High Court CR. MISC. No.10327 of 2026(3) dt.16-03-2026
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          submitted that after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender 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 Chapra Town P.S. Case No.751/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.10327 of 2026(3) dt.16-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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