Patna High Court
AMAR SAHNIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the conditions imposed.
Summary
The petitioners, Amar Sahni and Dharmendra Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 18 litres of liquor from a jointly owned family house. They argued they have clean antecedents, were not arrested on the spot, and no liquor was found in their conscious possession, contending that the concept of deemed possession was abolished after the 2018 amendment. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of their criminal antecedents by the trial court. If any antecedent is discovered, the bail would be withdrawn for that petitioner; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the relevant procedural law.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the amendment removing the concept of deemed possession affects the liability of the petitioners.
- Whether the petitioners’ clean antecedent and lack of conscious possession justify provisional anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- deemed possession
- joint family property
- clean antecedent
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27744 of 2026
Arising Out of PS. Case No.-2200 Year-2025 Thana- Excise P.S. District- Muzaffarpur
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1. AMAR SAHNI S/O JAINARAYAN SAHANI R/o vill - Manikpur, P.S.-
Mushahari, Distt.- Muzaffarpur
2. DHARMENDRA KUMAR S/O RAM SEWAK SAHNI R/o vill - Kanhara
Hardas, P.s.- Bochahan, Distt. - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand
For the Opposite Party/s : Ms.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 25-06-2026 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 the
petitioners are person with clean antecedent and allegation is of
recovery of 18 litres of liquor from the house of the petitioner
no. 1.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and the house in
Patna High Court CR. MISC. No.27744 of 2026(4) dt.25-06-2026
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question is a joint family property as such it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner. 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 and
they came to be implicated based on secret information which is
the easiest way to implicate someone without holding a proper
investigation.
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 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 Muzaffarpur Excise P.S. Case No. 2200 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 petitioners and in the
Patna High Court CR. MISC. No.27744 of 2026(4) dt.25-06-2026
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event if it is found that petitioners have antecedent of even one
case then it would be presumed that 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 that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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