Created by Fuzzy Cloud

Patna High Court

Dharmendra Sonkar @ Dharmendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Dharmendra Sonkar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act for allegedly possessing 14.25 litres of liquor recovered from the house of Nagina Kumar, a joint family property. He argued that he had no direct possession, the liquor was not found on his person, and the allegation rested on his father’s confession, which he claimed was inadmissible as a police‑custody statement. The State opposed the bail, contending the petitioner was implicated as a deemed possessor under the amended law. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedents. If any antecedent is discovered, the bail may be revoked; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case.
  • Whether the concept of deemed possession applies post‑2018 amendment.
  • Whether a confession made in police custody is admissible as evidence.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • clean antecedent
  • joint family property
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13598 of 2026
                        Arising Out of PS. Case No.-49 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Dharmendra Sonkar @ Dharmendra Kumar S/o Late Raj Kumar Sonkar
                 Resident of Mohalla- Mubarakgnj, P.S- Sasaram Town, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shashi Kant
                 For the Opposite Party/s :         Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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 Sections 30(a) and

                   62 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 14.25 litres of liquor from the house of Nagina

                   Kumar. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and the house in question is a joint family property

                   as such it cannot be alleged with certainty that it was 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
Patna High Court CR. MISC. No.13598 of 2026(2) dt.12-03-2026
                                            2/3




          Excise Act in the year 2018, the concept of deemed possession

          and presumed offender has been done away with and he came to

          be implicated based on the fact that he is son of Nagina and his

          father was made to confess the name of the petitioner. It is also

          submitted that confessional statement in police custody does not

          have any evidentiary value.

                       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 Excise Case No.274/2026 read with Sasaram

          Excise P.S. Case No.49/2026, 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
             Patna High Court CR. MISC. No.13598 of 2026(2) dt.12-03-2026
                                                         3/3




                       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

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.