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Patna High Court

Sanjay Sahani @ Sanjay SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Nitu Kumari
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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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