Patna High Court
Gautam Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Gautam Kumar Sahani, was implicated in a case involving alleged possession of 353.58 litres of liquor seized from two motorcycles and a car, and charged under IPC sections 272, 273, 290 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that he had no conscious possession of the liquor, was not the owner of the vehicles, and that the confessional statement of an apprehended accused could not be relied upon. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed his prayer for anticipatory bail. The Court, noting the petitioner’s clean antecedent and the lack of evidentiary value in the confessional statement, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of his criminal antecedent, with the order to be confirmed or set aside after such verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged recovery of liquor from vehicles not owned by him.
- Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession, affecting the bail consideration.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 290
Subjects
- anticipatory bail
- deemed possession
- Bihar Prohibition and Excise Act
- IPC offences
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18880 of 2026
Arising Out of PS. Case No.-167 Year-2017 Thana- KESARIA District- East Champaran
======================================================
Gautam Kumar Sahani S/o Siyaram Sahani @ Ram Sahani R/o Village-
Phultakiya, P.S.- Kesariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 offences punishable under Sections 272, 273
and 290 of the Indian Penal Code as well as Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 353.580 litres of liquor from two motorcycles and a
car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Patna High Court CR. MISC. No.18880 of 2026(2) dt.26-03-2026
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apprehended accused 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 petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let 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 Kesariya P.S. Case No. 167 of 2017, 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. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.18880 of 2026(2) dt.26-03-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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