Patna High Court
Sonu BaithaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, confirming bail only if the petitioner has two or fewer prior cases.
Summary
The petitioner, Sonu Baitha, sought anticipatory bail fearing arrest in a case alleging offences under sections 338, 336(3), 304(2) of the B.N.S and sections 30(a), 41(1), 33, 34 of the Bihar Prohibition and Excise Act for allegedly recovering 800 litres of spirit from a Scorpio vehicle. He contended that he was not arrested on the spot, had no possession of the seized vehicle, and was implicated solely on a confessional statement made by Surendra in police custody, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the doctrines of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if he has two or fewer prior cases.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a confessional statement made in police custody and the petitioner was not in actual possession of the alleged contraband.
- Whether the 2018 amendment to the Bihar Prohibition and Excise Act has eliminated the concepts of deemed possession and presumed offender.
- Whether the petitioner’s prior criminal antecedents, if exceeding two cases, should preclude the confirmation of anticipatory bail.
Legislation cited
- B.N.S. — s. 304(2), 336(3), 338
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- presumed offender
- confessional statement
- criminal antecedents
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28996 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Sonu Baitha S/O Jagan Baitha R/O Vill.- Vikrampur (Bikrampur), P.S.-
Marhowrah, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Mr. Surendra Kumar
======================================================
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 offence punishable under Sections 338,
336(3), 304(2) of the BNS and Sections 30(a), 41(1), 33, 34 of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 800 litres of spirit from a Scorpio
vehicle. 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
Surendra in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.28996 of 2026(2) dt.30-04-2026
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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.
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.10,000/- (Rupees ten 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 Marhowrah P.S. Case No.217/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
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
two 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 two
Patna High Court CR. MISC. No.28996 of 2026(2) dt.30-04-2026
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cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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