Patna High Court
Shambhu Sahni @ Sambhu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with Section 482(2) of the CrPC.
Summary
The petitioner, Shambhu Sahni, sought anticipatory bail after learning of a pending case (PS Case No. 446/2025) alleging that 70 litres of liquor were recovered from two motorcycles, invoking Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act. He argued that he had no direct possession of the liquor, was not the owner of the vehicles, and that the case rested solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, 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 antecedents. If any prior case is found, the bail will not be confirmed; if his antecedents are clean, the bail will be confirmed forthwith, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based on alleged possession of liquor without the accused being in actual possession.
- Whether a confessional statement made by another accused in police custody can form the basis for denying anticipatory bail.
- Whether the amendment to the Bihar Prohibition and Excise Act in 2018, which removed the concepts of deemed possession and presumed offender, affects the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- possession of liquor
- confessional statement
- Section 482 CrPC
- Bihar Prohibition and Excise Act
- deemed possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14793 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- MOTIPUR District- Muzaffarpur
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Shambhu Sahni @ Sambhu Sahani S/o Punit Sahani R/o Village - Gehuan
(Gehuma) Chak, P.S - Motipur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
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 offence punishable under Sections 30(a) and
41(1) of Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 70 litres of liquor from two motorcycles. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of any of the seized vehicle and he came to be
implicated based on the confessional statement of apprehended
accused in police custody which does not have any evidentiary
value. It is also 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.
Patna High Court CR. MISC. No.14793 of 2026(2) dt.13-03-2026
2/2
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 Motipur
P.S. Case No.446/2025, 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 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
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