Patna High Court
Shambhu Sharma @ Shambhoo SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.
Summary
The petitioner, Shambhu Sharma, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged recovery of 200 litres of liquor from an e‑rickshaw. He argued that he had no prior criminal record, the seized vehicle was not in his possession, and the only evidence was a confessional statement of Dilip Kumar made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s antecedents, noting that any adverse finding would lead to cancellation of the bail. The order was conditioned on compliance with Section 482(2) of the Code of Criminal Procedure and the court’s verification process.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the confessional statement of a third person in police custody can form the basis for arrest.
- Whether the concept of deemed possession and presumed offender applies after the 2018 amendment to the Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- deemed possession
- provisional bail
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13002 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Shambhu Sharma @ Shambhoo Sharma S/o- Umesh Sharma R/v-
Madhwapur W.No-5, Ps- Bhawanipur Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 200 litres of liquor from an E-rickshaw. 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 the seized E-rickshaw and came to be implicated
based on confessional statement of Dilip Kumar in police
custody, which does not have any evidentiary value. It is also
Patna High Court CR. MISC. No.13002 of 2026(2) dt.10-03-2026
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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. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned District &
Additional Sessions Judge-VII-cum-Special Judge, Excise-II,
Madhepura in connection with Udakishunganj Excise P.S. Case
No.248 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.13002 of 2026(2) dt.10-03-2026
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anticipatory bail had concealed his 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
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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