Patna High Court
Santosh Sah @ Santosh Kumar @ Santosh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Santosh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 60 litres of liquor were allegedly recovered from a motorcycle. He argued that he was not caught in possession, was not the vehicle's owner, and the case relied on a confessional statement of another accused, which he claimed lacks evidentiary value, especially after the 2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedents. If the trial court finds more than five prior cases, the bail will not be confirmed; if exactly five, it will be confirmed immediately. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 given the facts.
- Whether a confessional statement of another accused provides sufficient basis for arrest.
- Effect of the 2018 amendment removing deemed possession on the grant of bail.
- Whether the petitioner’s prior criminal antecedents affect confirmation of provisional bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- deemed possession
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27192 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Santosh Sah @ Santosh Kumar @ Santosh Prasad S/o Bhairo Sah @ Bhairo
Prasad R/o Vill. - Hiramani, P.S. - Chhauradam, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar Ii
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases, out of which, four cases
are under the Excise Act and allegation is of recovery of 60
litres of liquor from a motorcycle. 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 apprehended accused in police
Patna High Court CR. MISC. No.27192 of 2026(2) dt.23-04-2026
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custody, which does not have any evidentiary value. It is also
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. 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. It is further submitted that
petitioner earlier in similar manner came to be implicated in
cases relating to excise.
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.25,000/- (Rupees twenty five
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 Chhauradano P.S.
Case No.96/2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.27192 of 2026(2) dt.23-04-2026
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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
five cases, in that event, it would be presumed that petitioner
had 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 five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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