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Patna High Court

Fulchand Sahani @ Fulchand KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Fulchand Sahani, sought anticipatory bail fearing arrest in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act for allegedly recovering 50 litres of liquor from a motorcycle. He argued that he had no conscious possession, was not the vehicle’s owner, and the case relied on a confessional statement made by an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged possession of liquor under IPC §§272, 273 and Bihar Excise Act §30(a).
  • Whether a confessional statement made by an accused in police custody is admissible as evidence for granting bail.
  • Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • criminal antecedent
  • IPC
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13995 of 2026
                      Arising Out of PS. Case No.-128 Year-2020 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Fulchand Sahani @ Fulchand Kumar S/o Sikandra Sahani R/O- Mushwa
                 Bhorihari, PS - Sugauli, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vishal Prasad, Advocate
                 For the Opposite Party/s :      Mr. Ramchandra Sahni, APP
                 ======================================================
                 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 offences punishable under Sections 272 and

                   273 of the Indian Penal Code read with Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 liters of liquor from a motorcycle.

                                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 is not the

                   owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.13995 of 2026(2) dt.12-03-2026
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          confessional statement of apprehended accused in police

          custody which does not have any evidentiary value. It is further

          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 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 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 Ramgarhwa P.S. Case No. 128 of 2020 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 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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.13995 of 2026(2) dt.12-03-2026
                                                        3/3




                      confirmed, but after verification if 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)
Rishabh/-

U      T


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