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Patna High Court

Saroj SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Saroj Sahni, applied for anticipatory bail in a case alleging recovery of 747 litres of liquor from four motorcycles, charged under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Excise Act. He contended that he was not arrested, had no possession of the liquor, and was implicated solely on the confessional statements of co‑accused Amarjeet and Sanjay, which he argued lack evidentiary value, especially after the 2018 amendment to the Excise Act that abolished the concept of deemed possession. The State opposed the bail. The Court considered these submissions and, under Section 438(2) of the Cr.P.C., granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties, and directed the trial court to verify the petitioner’s criminal antecedent before confirming the bail. The order also stipulated that if more than one prior case is found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the allegations under the Excise Act and B.N.S.
  • Whether confessional statements of co‑accused can form a basis for denying anticipatory bail
  • Effect of the petitioner’s criminal antecedent on the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • confessional statement
  • criminal antecedent
  • Section 438 CrPC
  • possession
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31766 of 2026
                      Arising Out of PS. Case No.-46 Year-2026 Thana- DEODHA District- Madhubani
                 ======================================================
                 Saroj Sahni S/o Rambilash Sahni @ Ram Bilash Mukhiya R/o vill - Usrahi,
                 ward no. 4, P.S.- Deodha, Distt.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 747 litres of liquor from four different motorcycles.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the sized vehicle and he came to be implicated based on

                   confessional statement of Amarjeet and Sanjay in police
Patna High Court CR. MISC. No.31766 of 2026(2) dt.12-05-2026
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          custody, which does not have any evidentiary value. It is also

          submitted that after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with. It is also submitted that off late police has

          started implicating accused with criminal antecedent in cases

          relating to excise for obvious reason based on disclosure made

          by the Chaukidar, local person, secret information and

          confessional statement.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Deodha P. S. Case No.46 of 2026 arising out of G.R. Case

          No.476 of 2025, subject to the conditions laid down under

          Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.31766 of 2026(2) dt.12-05-2026
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                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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