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Patna High Court

Ranjeet SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court provisionally granted anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Ranjeet Sah, sought anticipatory bail fearing arrest in a case under Section 317(5) of the Bihar Narcotic (BNS) Act, 2023 read with Section 30(a) of the Bihar Excise Act, where 931.2 litres of liquor were allegedly recovered from a Xylo car. He contended that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on a confessional statement made by another person in police custody, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police mechanically rely on such statements without proper investigation. The court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 60,000 bond with two sureties, subject to verification of his criminal antecedent by the trial court. If the trial court finds more than twelve prior cases, the bail will not be confirmed; if exactly twelve, the provisional bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 317(5) BNS, 2023 and Section 30(a) Bihar Excise Act when the accused was not found in possession and the only evidence is a confessional statement of another person.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of granting bail.

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • police investigation
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28977 of 2026
                         Arising Out of PS. Case No.-95 Year-2026 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Ranjeet Sah S/O Gauri Sah Residents of Village-Punaura, Ward No. 7, P.S.-
                 Punaura, District- Sitamarhi.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  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 317(5) of

                   the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 12 cases out of which 11 cases are

                   under the Excise Act and allegation is of recovery of 931.200

                   liters of liquor from a Xylo car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of Vinod in police custody which does
Patna High Court CR. MISC. No.28977 of 2026(2) dt.30-04-2026
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          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 also 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. It is also submitted that petitioner earlier in

          similar manner came to implicated in cases relating to Excise.

                       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 before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          60000/- (Rupees Sixty 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 Riga P.S.

          Case No. 95 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial
            Patna High Court CR. MISC. No.28977 of 2026(2) dt.30-04-2026
                                                        3/3




                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than 12 cases 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 has antecedent of 12

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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