Patna High Court
Navin SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of their criminal antecedent.
Summary
Navin and Balendra Sahani were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 10 litres of liquor recovered from a motorcycle. They argued that they have no prior criminal record, were not arrested at the spot, did not own the vehicle, and were linked to the offence only through a confessional statement of Mukesh Singh made in police custody, which they claimed lacks evidentiary value. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted the petitioners provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of their antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision hinged on the applicability of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, and the removal of the deemed‑possession concept after the 2018 amendment.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the case
- Whether a confessional statement made by a third person in police custody can be the basis for implicating the petitioners
- Effect of the 2018 amendment to the Bihar Prohibition and Excise Act on the doctrine of deemed possession
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- excise law
- deemed possession
- confessional statement
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13521 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
1. Navin Sahani S/o Dhora Sahani R/o Village - Bhatauna, P.S - Karja, District
- Muzaffarpur
2. Balendra Sahani S/o Fauzdar Sahani @ Faudar Sahani R/o Village -
Bhatauna, P.S - Karja, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 10 litres of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioners are not the owner of the seized vehicle
and came to be implicated based on the confessional statement
Patna High Court CR. MISC. No.13521 of 2026(2) dt.10-03-2026
2/3
of Mukesh Singh in police custody which does not have any
evidentiary value in the eye of law. It is next 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their 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)
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 Karja P.S. Case No. 370 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.13521 of 2026(2) dt.10-03-2026
3/3
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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