Patna High Court
Karan Kumar Sahni @ KaranversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Karan Kumar Sahni, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 24.99 litres of liquor from a motorcycle. He argued that he had a clean antecedent, was not the owner of the vehicle, and that the liquor was not found in his conscious possession. The prosecution’s case relied on confessional statements of co‑accused Vicky and Rohit, which the petitioner contended lacked evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bond with two sureties and subject to verification of the petitioner’s antecedent under Section 482(2) of the CrPC, with confirmation to follow if no prior case 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 possession is not in the petitioner’s conscious control.
- Whether confessional statements of co‑accused, made in police custody, can form a basis for arrest in the absence of other evidence.
- Effect of the 2018 amendment to the Bihar Excise Act removing the doctrine of deemed possession on bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- deemed possession
- confessional statements
- clean antecedent
- Section 482
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26656 of 2026
Arising Out of PS. Case No.-426 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Karan Kumar Sahni @ Karan Son of Shyam Sahni Resident of Village- Basti
Kola Mojabari Ghat, P.S.- Kochadhaman, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 24.99 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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 Vicky and Rohit in police custody
which does not have any evidentiary value. It is next submitted
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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 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. 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 Kochadaman P.S. Case No. 426 of 2025,
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 petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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