Patna High Court
Ajay SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted in the absence of proven possession and despite prior cases, subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Ajay Sahni, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 46.24 litres of liquor from a bag that did not belong to him. He argued that he was not apprehended on the spot, no liquor was found in his conscious possession, and the case relied on a confessional statement made while in police custody, which he claimed lacked evidentiary value. He also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, granted provisional anticipatory bail subject to a bond of Rs. 25,000 with two sureties, and directed the trial court to verify his criminal antecedent, noting that if more than five prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted when alleged possession of liquor is not proven and the case is based solely on a confessional statement.
- Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the grant of anticipatory bail under the Bihar Excise Act.
- How the petitioner’s prior criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- criminal antecedent
- Section 30
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12611 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- MUZFFARPUR GRP CASE District-
Muzaffarpur
======================================================
Ajay Sahni Son of Suresh Sahni Resident of Village -Shekhpur Dhab Ps-
Ahiyapur District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the excise act and
allegation is of recovery of 46.24 liters of liquor from a bag.
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 even alleged
recovery is from a bag which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.12611 of 2026(2) dt.09-03-2026
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Raviin police custody which does not have any evidentiary
value. It is also 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. It is also
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.
25,000/- (Rupees Twenty Five 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 Muzaffarpur Rail P.S. Case No. 178 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
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in the event if it is found that petitioner has antecedent of more
than five 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 five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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