Patna High Court
Shiv Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Shiv Kumar Sahni sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. He argued that the alleged liquor seizure occurred at a public place, no liquor was found in his possession, and the case against him relied on a confessional statement made by another accused while in police custody, which he claimed lacks evidentiary value. He also 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 on the condition of a Rs.10,000 bond with two sureties and directed the trial court to verify his criminal antecedent, stating that if more than two prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the petitioner’s criminal antecedent.
- Whether a confessional statement made by a co‑accused in police custody can be relied upon for denying anticipatory bail.
- Effect of the 2018 amendment to the Bihar Excise Act removing the doctrine of deemed possession and presumed offender on bail considerations.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- bail
- confessional statement
- deemed possession
- excise law
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19733 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- ARER District- Madhubani
======================================================
Shiv Kumar Sahni S/o Ramchandra Sahni R/o vill - Ektara, P.S.- Arer, Distt.-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Archna Aanand, Advocate
Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
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 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 531 litres
of liquor from a sack found near Kamla Nahar and a motorcycle
was seized.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.19733 of 2026(2) dt.26-03-2026
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recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
based on confessional statement of Ashok 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.
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, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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) 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 Arer P.S.
Case No. 11 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.19733 of 2026(2) dt.26-03-2026
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than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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