Patna High Court
Ram Balak Sahani @ RambalakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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