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Patna High Court

Pramod SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedents, confirming bail only if he has exactly three prior cases.

Summary

Petitioner Pramod Sahni sought anticipatory bail fearing arrest in a case under Section 317(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He alleged that the liquor seizure of 75.600 litres from two motorcycles and a nearby sugarcane field was not in his possession, he owned neither vehicle nor the field, and the case was based on a confessional statement of another accused, which he claimed lacks evidentiary value. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if he has exactly three prior cases.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 317(5) B.N.S. and Section 30(a) Excise Act when the accused claims lack of possession and reliance on a confessional statement.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender for bail considerations.
  • Whether the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedent
  • excise law
  • Section 317
  • Section 30

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16549 of 2026
                     Arising Out of PS. Case No.-119 Year-2025 Thana- PARSAUNI District- Sitamarhi
                 ======================================================
                 Pramod Sahni Son of Late Hari Dayal Sahni Resident of Village-
                 Sundargama, P.S.- Parsauni, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh
                 For the Opposite Party/s :       Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 Section 317(5) of

                   BNS, 2023 and Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 75.600 litres of liquor from two

                   motorcycles and from a place near a sugarcane field. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   owner of any of the seized vehicle nor the sugarcane field

                   belongs to him and he came to be implicated based on
Patna High Court CR. MISC. No.16549 of 2026(2) dt.17-03-2026
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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. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.15,000/- (Rupees fifteen 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 Parsauni P.S. Case No.119/2025, 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
             Patna High Court CR. MISC. No.16549 of 2026(2) dt.17-03-2026
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                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       three cases, 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 has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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