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Patna High Court

Ram Balak Sahani @ RambalakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioners' criminal antecedents.

Summary

The petitioners, Ram Balak Sahani and Chuman Sahani, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016, alleging that the liquor was not found in their conscious possession and that the case was based solely on a custodial confessional statement of Ranjay Kumar, which they claim lacks evidentiary value. They further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioners' criminal antecedents. If verification shows the petitioners have more prior cases than they disclosed, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence is based on a custodial confessional statement and no conscious possession is established.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of bail.
  • What conditions may be imposed on provisional anticipatory bail pending verification of criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14673 of 2026
                     Arising Out of PS. Case No.-42 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Ram Balak Sahani @ Rambalak S/O Shatrudhan Sahani R/o Village-
                  Hussepur, Nayatola, Ward No. 02, P.S.- Sahebganj, District- Muzaffarpur
           2.     Chuman Sahani @ Chuman Kumar S/O Chandrika Sahani R/o Village-
                  Hussepur, Nayatola, Ward No. 02, P.S.- Sahebganj, District- Muzaffarpur
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :         Mr. Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case and petitioner no. 2

                   has antecedent of two cases under the Excise Act and allegation

                   is of recovery of 60 litres of liquor from two motorcycles.

                                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 any of the seized
Patna High Court CR. MISC. No.14673 of 2026(2) dt.13-03-2026
                                            2/3




          vehicles and came to be implicated based on the confessional

          statement of Ranjay Kumar 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.10,000/- (Rupees Ten Thousand)

          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 Excise P.S. Case No. 42 of 2026,

          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 petitioners and

          if it is found that petitioner no. 1 has antecedent of more than

          one case and petitioner no. 2 has antecedent of more than two
           Patna High Court CR. MISC. No.14673 of 2026(2) dt.13-03-2026
                                                       3/3




                     cases, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner no. 1 has antecedent of only one case and petitioner

                     no. 2 has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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