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Patna High Court

Sonelal Kumar @ Sonelal RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed.

Summary

Sonelal Kumar sought anticipatory bail after being implicated in a case under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 15 litres of liquor recovered from Shobhnath Ray. The petitioner argued that he had no clean possession, the recovery was from another person, and the confessional statement of Shobhnath made in police custody was not admissible. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a six‑week window for surrender, directing the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act, 2016.
  • Whether the amendment of 2018 eliminating deemed possession and presumed offender affects the bail application.
  • Whether a confessional statement made in police custody can be the basis for arrest.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31874 of 2026
                      Arising Out of PS. Case No.-113 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sonelal Kumar @ Sonelal Ray S/o Akalesh Ray R/o Village - Khajuhata, PS -
                 Dariyapur, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nalin Kumar
                 For the Opposite Party/s :       Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  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 30(a), 37(c)

                   of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15 litres of liquor from possession of Shobhnath

                   Ray. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from Shobhnath with

                   whom petitioner has no relation or concern but then he came to

                   be implicated based on confessional statement of Shobhnath in

                   police custody which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.31874 of 2026(2) dt.12-05-2026
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          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.500/- (Rupees five hundred) 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 Dariyapur P.S. Case No.113/2026, 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 even one

          case, 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 is a person with clean
             Patna High Court CR. MISC. No.31874 of 2026(2) dt.12-05-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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