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Patna High Court

Subodh Sah @ SubodhversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioners Subodh Sah, Santosh Sah and Sanjeev Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 240.63 litres of liquor from two autos. They argued they have clean antecedents, were not caught with the liquor, and were implicated solely on a confessional statement made by Raghvendra while in police custody, which they claimed lacks evidentiary value. They further 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 granted provisional anticipatory bail subject to a bail bond of Rs.500 each, two sureties, and a condition that the trial court verify the petitioners' criminal antecedents, with the bail to be confirmed only if no antecedent is found.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offenders were not found in conscious possession of liquor.
  • Whether a confessional statement made by an accused in police custody can form the basis for anticipatory bail denial.
  • Whether the 2018 amendment to the Bihar Excise Act removed the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • presumed offender
  • confessional statement
  • clean antecedent
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20173 of 2026
                    Arising Out of PS. Case No.-131 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
           1.     Subodh Sah @ Subodh S/O Sakindra Sah Resident of village- Berai, P.S-
                  Hathauri, Dist.- Muzaffarpur.
           2.    Santosh Sah @ Santosh Kumar S/O Mohan Sah Resident of village- Berai,
                 P.S- Hathauri, Dist.- Muzaffarpur.
           3.    Sanjeev Kumar @ Sanjeet Kumar @ Sanjeev Pandit S/O Shankar Pandit
                 Resident of village- Berai, P.S- Hathauri, Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar Shrivastav
                 For the Opposite Party/s :       Mr. Shaheen Begum
                 ======================================================
                 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
Patna High Court CR. MISC. No.20173 of 2026(2) dt.31-03-2026
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          owner of the seized vehicle and they came to be implicated

          based on 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
            Patna High Court CR. MISC. No.20173 of 2026(2) dt.31-03-2026
                                                        3/3




                      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 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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