Patna High Court
Ramashankar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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/-
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