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Patna High Court

Ramashankar SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioners, subject to bond, sureties, and verification of criminal antecedents, with confirmation or cancellation thereafter.

Summary

The petitioners, Ramashankar Sahani, Rambha Devi, and Sajan Sahani, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 35 litres of liquor concealed near their house. They argued that the liquor was not in their conscious possession, the alleged recovery occurred on adjacent property, and the only evidence was a confessional statement made by Tarkeshwar while in police custody, which they claimed lacked evidentiary value. They also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and conditions under Section 482(2) of the CrPC, directing the trial court to verify the petitioners' criminal antecedents and confirm or cancel the bail accordingly.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is disputed.
  • Whether a confessional statement made in police custody can form the basis for arrest in the absence of other evidence.
  • Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19784 of 2026
                   Arising Out of PS. Case No.-401 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
           1.     Ramashankar Sahani S/O Sajan Sahani Resident of Village - Majhariya,
                  Police Station- Malahi,District - East Champaran at Motihari.
           2.    Rambha Devi Sajan Sahani Resident of Village - Majhariya, Police Station-
                 Malahi,District - East Champaran at Motihari.
           3.    Sajan Sahani Lalbahadur Sahani @ Lalabahadur Sahani Resident of Village
                 - Majhariya, Police Station- Malahi,District - East Champaran at Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case and petitioner no. 2 is a

                   woman and allegation is of recovery of 35 litres of liquor

                   concealed under straw in front of the house of the petitioners.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.19784 of 2026(2) dt.26-03-2026
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          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners but then is adjacent to their house and they came to

          be implicated based on confessional statement of Tarkeshwar 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 petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

          each 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 Malahi P.S. Case No. 401 of 2025,

          subject to the conditions as laid down under Section Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioners have antecedent of more than
              Patna High Court CR. MISC. No.19784 of 2026(2) dt.26-03-2026
                                                          3/3




                        one case then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioners have antecedent of

                        one case in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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