Patna High Court
Sanjay Sahani @ Sanjay SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bond, sureties and verification of their criminal antecedents.
Summary
The petitioners, Sanjay Sahani and Rakesh Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. They contended that the alleged liquor recovery was not from their possession, that the auto seized did not belong to them, and that the prosecution’s case relied on a confessional statement made in police custody, which they argued lacked evidentiary value. They also pointed out that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that the investigation was mechanically based on hearsay. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs 30,000 with two sureties and conditioned the order on verification of the petitioners’ criminal antecedents, reserving the right to confirm or cancel the bail after such verification. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement made in police custody can be the basis for arrest.
- Whether the concepts of deemed possession and presumed offender apply post‑2018 amendment of the Excise Act.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28198 of 2026
Arising Out of PS. Case No.-330 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
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1. Sanjay Sahani @ Sanjay Sahni S/o Bharat Sahni R/o vill - Kafenlatif, P.s.-
Garha, O.P. (Ahiyapur), Distt.- Muzaffarpur
2. Rakesh Kumar S/o Ganga Sahni R/o vill - Narkatiya, P.s.- Rampur hari,
Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms.Nitu Kumari
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner no. 2 has antecedent of six cases under the Excise
Act and allegation is of recovery of 2926 litres of liquor from a
place near the house of Satrughan and an auto was seized.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.28198 of 2026(2) dt.28-04-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and are not owners of the seized Auto and they came
to be implicated based on confessional statement of Randhir in
police custody which does not have any evidentiary value. 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. It is further submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information 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. 30,000/- (Rupees Thirty Thousand)
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 Ahiyapur (Garaha) P.S. Case No. 330
Patna High Court CR. MISC. No.28198 of 2026(2) dt.28-04-2026
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of 2026, subject to the conditions as laid down under Section
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
event if it is found that petitioner no. 1 has antecedent of more
than one case and petitioner no. 2 has antecedent of more than
six cases 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 petitioner no. 1 has antecedent
of one case and petitioner no. 2 has antecedent of six cases in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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