Patna High Court
Naresh Kumar Sardar @ Naresh SardarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
Naresh Kumar Sardar sought anticipatory bail after being implicated in a case under Sections 318(4) and 303(2) of the Bihar Non‑Excise Statutes (BNS) read with Section 30(a) of the Bihar Excise Act for allegedly recovering 63 litres of liquor from a motorcycle. The petitioner argued that he was not caught in possession, was not the owner of the vehicle, and the case was based solely on a confessional statement of another accused, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based solely on a confessional statement of another accused and no possession is proved.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of granting anticipatory bail.
Subjects
- anticipatory bail
- deemed possession
- presumed offender
- confessional statement
- excise law
- criminal antecedent
- Section 318
- Section 303
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14628 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- SIKTI District- Araria
======================================================
Naresh Kumar Sardar @ Naresh Sardar Son of Lakhichand Sardar Resident
of Village - Barudah, Ward Number - 03, Aamgachhi, P.S.- Sikti, District -
Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 318(4) and
303(2) of the BNS read with Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 63 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.14628 of 2026(2) dt.13-03-2026
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confessional statement of apprehended accused in police
custody which does not have any evidentiary value. 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 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.
5,000/- (Rupees 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 Sikti P.S.
Case No. 209 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
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.14628 of 2026(2) dt.13-03-2026
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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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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