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Patna High Court

Sudhir Pandit @ Sudhir Kumar PanditversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the stipulated conditions.

Summary

The petitioners, Sudhir Pandit and Sudhir Rai, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 240.63 litres of liquor from two autos. They contended they had clean antecedents, were not caught with the liquor, were not owners of the vehicles, and the case was based solely on a confessional statement made by Raghvendra while in police custody, which they argued lacked evidentiary value. They further submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties each, and conditioned the order on verification of the petitioners' criminal antecedents within six weeks, after which the bail would be confirmed if they were found to have clean records. If any antecedent is discovered, the bail for that petitioner would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made in police custody has evidentiary value for the purpose of granting bail.
  • Whether the 2018 amendment to the Bihar Excise Act eliminated the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • confessional statement
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20130 of 2026
                    Arising Out of PS. Case No.-131 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
           1.     Sudhir Pandit @ Sudhir Kumar Pandit S/O Bhonu Pandit Resident of
                  Village- Berai, P.S- Hathauri, Dist- Muzaffarpur.
           2.    Sudhir Rai @ Sudhir Kumar Ray @ Sudhir Kumar S/O Shatrudhan Rai R/O
                 Village- Berai, P.S- Hathauri, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar Shrivastav, Advocate
                 For the Opposite Party/s :       Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 are persons with clean antecedent and allegation is of

                   recovery of 240.63 liters of liquor from two Autos.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and are not the

                   owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.20130 of 2026(2) dt.31-03-2026
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          confessional statement of Raghvendra 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 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.

          500/- (Rupees Five Hundred) 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 Ahiyapur

          (Garha O.P.) P.S. Case No. 131 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 petitioners and in the

          event if it is found that any of the petitioners have antecedent of

          even 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
            Patna High Court CR. MISC. No.20130 of 2026(2) dt.31-03-2026
                                                        3/3




                      bail order shall not be confirmed with respect to the petitioner who

                      had concealed his antecedent, but after verification if it is found

                      that petitioners are persons with clean antecedent in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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