Patna High Court
Sanjay Lal SrivastavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Petitioner Sanjay Lal Srivastav sought anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging possession of eight litres of liquor by his brother Ramakant Srivastav. The petitioner argued that he had no conscious possession of the liquor, was not arrested on the spot, and that the case was based solely on his brother's confessional statement made while in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., and directed the trial court to verify the petitioner’s criminal antecedent before confirming the bail. If any antecedent is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether a confessional statement made by a co-accused in police custody is admissible as evidence against the petitioner
- Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on the bail application
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- confessional statement
- deemed possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24728 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- Raghunathpur Excise District- Siwan
======================================================
Sanjay Lal Srivastav S/o Late Madanlal Srivastav Resident of Village -
Gyaspur Ward No. 3, P.S - Siswan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8 litres of liquor from possession of Ramakant
Srivastav.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the confessional
statement of his brother, namely, Ramakant Srivastav in police
custody which does not have any evidentiary value in the eye of
Patna High Court CR. MISC. No.24728 of 2026(2) dt.20-04-2026
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law. 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 petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.500/- (Rupees
Five Hundred) 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 Raghunathpur P.S.
Case No. 33 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.24728 of 2026(2) dt.20-04-2026
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petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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