Patna High Court
Pramod SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 317(5)
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
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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
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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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