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Patna High Court

Srinarayan SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioner, Srinarayan Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor was recovered from a vehicle he did not own and that his implication rested solely on a custodial confession of another person. He highlighted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and argued that no material was seized from his conscious possession. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If the petitioner is found to have more than six prior cases, the bail will not be confirmed; if exactly six, it will be confirmed. The order was made under Section 482(2) of the Bihar Narcotic and Smuggled Substances Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged lack of possession and the petitioner’s criminal antecedents.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • deemed possession
  • presumed offender
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic and Smuggled Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22856 of 2026
                    Arising Out of PS. Case No.-57 Year-2026 Thana- DHAKA District- East Champaran
                 ======================================================
                 Srinarayan Sah S/O Sriramdayal Sah Resident of village - Gawandri,P.S-
                 Kundwachainpur,Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases, out of which, four cases

                   are under the Excise Act and allegation is of recovery of 12.78

                   litres of liquor from a Santro car. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Alok in police custody which does not

                   have any evidentiary value. It is next submitted that after
Patna High Court CR. MISC. No.22856 of 2026(3) dt.27-04-2026
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          amendment in the Excise Act in the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with. It is also submitted that once an accused is implicated in a

          case    relating     to    excise,      the    police   starts   implicating

          mechanically        either     through        chowkidar,    local   person,

          confessional statement or secret information without holding a

          proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

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

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.30,000/- (Rupees thirty 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 Dhaka P.S. Case No.57/2026., subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          six cases, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.22856 of 2026(3) dt.27-04-2026
                                                         3/3




                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of six

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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